IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, PUNGANUR
Present: Sri P.Vasu, B.Sc. LL.B.,
Principal Junior Civil Judge, Punganur.
Dated: Tuesday, this the 31st day of January, 2014
O.S.No.47/2010
Lagimireddi Krishna Reddy. ... Plaintiff.
VERSUS
K.B.Uma Maheswar. … Defendant.
This suit coming on 31012014 before me for final hearing in the presence of Plaintiff as the Learned Counsel for Plaintiff filed memo to treat the arguments as heard, and the defendant made set exparte, having perused the material papers on record and this court delivered the following:
J U D G M E N T
This is a suit filed for recovery of suit amount with costs and future interest as prayed for.
2. The brief facts of the plaint are that the defendant borrowed a sum of Rs.10,000/ and Rs.35,000 on 20022004 and 12042006 respectively from the Plaintiff, agreeing to repay the same with interest at 24% per annum and executed promissory notes on the different dates in favour of Plaintiff and inspite of several demands made to the defendant including issuance of legal notice for repayment of debt amount with interest together, he has not paid any amount. Hence the suit.
3. The defendant failed to file written statement even though engaged Counsel on his behalf and hence he was made set exparte.
4. On behalf of Plaintiff, P.W.1 examined and Ex.A.1 to Ex.A.7 marked.
5. Learned Counsel for the Plaintiff filed memo through Plaintiff to treat the arguments as heard.
6. The Plaintiff, to substantiate his version, himself examined as P.W.1 in chief examination by way of affidavit as usual stated about borrowal of Rs.10,000/ and Rs.35,000/ by the defendant from the Plaintiff on 20022004 and 12042006, agreed rate of interest as 24% p.a, execution of pronotes marked as Ex.A.1 and Ex.A.4, part payment endorsements on Ex.A.1 dt:20012007 and 19012010 marked as Ex.A.2 and Ex.A.3, part payment endorsement on Ex.A.4 dt:09042009 marked as Ex.A.5, issuance of legal notice to the defendant for repayment of debt amount with interest together, a copy of which marked as Ex.A.6, Postal Acknowledgement as Ex.A7, failure on the part of the defendant in repaying the debt amount with interest together, etc.,
7.In view of the above, it could be said that the Plaintiff established her version of proof of execution of suit pronote as well as passing of consideration by way of oral as well as documentary evidence. Hence the Plaintiff is rightly entitled to recover suit claim.
In the result, the suit is decreed with costs as prayed for and the defendant is directed to pay an interest at 12% p.a on Rs.10,000/ and Rs.35,000/ from the date of filing of suit till passing of decree and also directed to pay an interest at 6% p.a on Rs.10,000/ and Rs.35,000/ from the date of decree till realisation of decretal amount.
Typed by me, corrected and pronounced by me in the open court on this the 31st day of January, 2014.
PRINCIPAL JUNIOR CIVIL JUDGE,
PUNGANUR.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PLAINTIFF: DEFENDANT:
P.W.1: Lagimireddi Krishna Reddy. NIL.
EXHIBITS MARKED FOR
PLAINTIFF: DEFENDANT: Ex.A.1: Promissory Note Dt:20022004. NIL. Ex.A.2: Part Payment Endorsement dt: 20012007. Ex.A.3: Part Payment Endorsement dt: 19012010. Ex.A.4: Promissory Note Dt:12042006 Ex.A.5: Part Payment Endorsement dt: 09042009. Ex.A.6: Office Copy of legal notice. Ex.A.7: Postal Acknowledgement.
P.J.C.J. PGR.