Sri S. Sivasankar Reddy, B.Sc., LL.M.,

1

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : CHIRALA

Present: Sri S. SIVA SANKAR REDDY,

Addl. Junior Civil Judge, Chirala

FAC. Prl. Junior Civil Judge, Chirala.

Frday, this the 6th day of November, 2015.

O.S.No.130/2015

Between : Govindu Mohana Rao, S/o Narayana, aged 56 years, Business, R/o Near Chinna Boddurai, Ramakrishnapuram,Chirala,

.... Plaintiff

And

Pendem Ankamma Rao, S/o Chinna Lakshmaiah, aged 42 years, Business, R/o Door No.9-35, Near Chinna Boddurai, Ramakrishnapuram, Chirqala. … Defendant

This suit is coming on this day before me for final hearing in the presence of Smt T.Sakuntala and Smt P.Hemalatha, Advocates for Plaintiff; and defendant having been remained ex parte, this court delivered the following :

J U D G M E N T

1.This is a suit filed by plaintiff for recovery of sum of Rs.1,80,366/- (Rs.85,166/- + Rs.95,200/-) being the principal and interest due on two promissory notes dated 01.08.2012 and 06.01.2014 executed by defendant in favour of the plaintiff for Rs.50,000/- and Rs.70,000/- respectively agreeing to repay the same with interest at 24% p.a. and for costs.

2.The brief averments of plaint are that:

The defendant herein borrowed a sum of Rs.50,000/- and Rs.70,000/- from plaintiff on 01.08.2012 and on 06.01.2014 respectively for his family expenses and in evidence thereof, executed two promissory notes on the even dates in favour of plaintiff, agreeing to repay the said sum together with interest at 24% p.a., compoundable every year either to plaintiff or to his order on demand. Later despite of several demands of plaintiff, the defendant postponed the payment on the pretext of something or other. Hence, the suit.

3.The defendant having received summons and engaged counsel.

2

Defendant failed to file his written statement within stipulated time. Hence the defendant was called on 26.10.2015 and as written statement not filed and also no representation on his behalf, he was set ex parte to proceedings on 26.10.2015.

4.The plaintiff to prove his case, examined himself as PW1 and got marked

Exs.A1 and A2. Ex.A1 is original promissory note dated 01.08.2012 executed by defendant in favour of plaintiff for Rs.50,000/- and Ex.A2 is original promissory note dated 06.01.2014 executed by defendant in favour of plaintiff for

Rs.70,000/-.

5.I have heard the arguments learned advocate for plaintiff.

6.Now, the point for consideration:

Whether the plaintiff is entitled for recovery of entire suit amount from defendant as prayed for?

7.POINT:

It is the contention of the plaintiff that defendant herein borrowed sum of

Rs.50,000/- on 01.08.2012 and Rs.70,000/- on 06.01.2014 respectively from plaintiff for his family expenses and in token thereof, executed Exs.A1 and A2 two promissory notes on the even dates in favour of plaintiff and later failed to discharge the due amount. The plaintiff in support of his contentions got examined himself as PW1 and filed proof affidavit reiterating all the averments as stated in his plaint pleadings. Apart from his oral evidence PW1 got marked

Exs.A1 and A2. Ex.A1 original promissory note dated 01.08.2012 executed by defendant in favour of plaintiff and Ex.A2 original promissory note dated 06.01.2014 executed by defendant in favour of plaintiff. The oral evidence of

PW1 coupled with Exs.A1 and A2 on record made it clear that defendant herein borrowed sum of Rs.50,000/- on 01.08.2012 and Rs.70,000/- on 06.01.2014 respectively from plaintiff and in token thereof, executed Exs.A1 and A2 promissory notes in favour of plaintiff. The oral evidence of PW1 coupled with

Exs.A1 and A2 on record is neither challenged nor denied nor rebutted by the 3 defendant by filing his written statement. Once defendant failed to turn up to contest the case on merits, an adverse inference can be drawn against defendant that he was person executed Exs.A1 and A2 promissory notes.

Further to arrive just conclusion in this case, this is scrutinized the signature of defendant on served summons and vakalath filed by him with that of his alleged signatures on Exs.A1 and A2 promissory notes and found the signatures of defendant on such promissory notes are similar and identical with that of signatures on served summons and vakalath. Therefore, I have no hesitation to hold that defendant herein executed Exs.A1 and A2. Once execution of promissory note is proved with cogent evidence the presumption U/sec.118 of

N.I.Act, comes to rescue the case of plaintiff that consideration under Exs.A1 and

A2 was duly passed to defendant unless and until contrary is proved. Further it is the contention of plaintiff that defendant did not discharge single paisa under

Exs.A1 and A2. Therefore, I am of the considered view that plaintiff is entitled to recover entire suit amount from defendant as prayed for. Accordingly, suit is liable to be decreed.

8.In the result, suit is decreed with costs and defendant is directed to pay a sum of Rs.1,80,366/- to plaintiff with interest at 12% p.a, from the date of the suit till the date of decree and thereafter at 6% p.a., from the date of the decree till the date of realization on principal amount of Rs.1,20,000/- (Rs.50,000/- +

Rs.70,000/-).

Dictated to the Personal Assistant, corrected and pronounced by me in

open Court, this the 6th day of November, 2015.

Sd/S.Sivasankar Reddy Addl. Junior Civil Judge, Chirala, FAC. Prl. Junior Civil Judge, Chirala.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintiff : Pw.1: Govindu Mohana Rao

For Defendant : - None - 4

Documents Marked on behalf of Plaintiff Ex.A1 : Original promissory note dated 01.08.2012 executed by defendant in favour of plaintiff for Rs.50,000/-. Ex.A2 : Original promissory note dated 06.01.2014 executed by defendant in favour of plaintiff for Rs.70,000/-.

Documents Marked on behalf of Defendant.

–Nil -

Sd/S.Sivasankar Reddy AJCJ, Chirala FAC. P.J.C.J., Chirala.

// TRUE COPY //

ADDL.JUNIOR CIVIL JUDGE,CHIRALA,

FAC. PRL.JUNIOR CIVIL JUDGE,CHIRALA.

1

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : CHIRALA

Present: Sri S. SIVA SANKAR REDDY,

Addl. Junior Civil Judge, Chirala

FAC. Prl. Junior Civil Judge, Chirala.

Frday, this the 6th day of November, 2015.

O.S.No.130/2015

Between : Govindu Mohana Rao, S/o Narayana, aged 56 years, Business, R/o Near Chinna Boddurai, Ramakrishnapuram,Chirala,

.... Plaintiff

And

Pendem Ankamma Rao, S/o Chinna Lakshmaiah, aged 42 years, Business, R/o Door No.9-35, Near Chinna Boddurai, Ramakrishnapuram, Chirqala. … Defendant

This suit is coming on this day before me for final hearing in the presence of Smt T.Sakuntala and Smt P.Hemalatha, Advocates for Plaintiff; and defendant having been remained ex parte, this court delivered the following :

J U D G M E N T

1.This is a suit filed by plaintiff for recovery of sum of Rs.1,80,366/- (Rs.85,166/- + Rs.95,200/-) being the principal and interest due on two promissory notes dated 01.08.2012 and 06.01.2014 executed by defendant in favour of the plaintiff for Rs.50,000/- and Rs.70,000/- respectively agreeing to repay the same with interest at 24% p.a. and for costs.

2.The brief averments of plaint are that:

The defendant herein borrowed a sum of Rs.50,000/- and Rs.70,000/- from plaintiff on 01.08.2012 and on 06.01.2014 respectively for his family expenses and in evidence thereof, executed two promissory notes on the even dates in favour of plaintiff, agreeing to repay the said sum together with interest at 24% p.a., compoundable every year either to plaintiff or to his order on demand. Later despite of several demands of plaintiff, the defendant postponed the payment on the pretext of something or other. Hence, the suit.

3.The defendant having received summons and engaged counsel.

2

Defendant failed to file his written statement within stipulated time. Hence the defendant was called on 26.10.2015 and as written statement not filed and also no representation on his behalf, he was set ex parte to proceedings on 26.10.2015.

4.The plaintiff to prove his case, examined himself as PW1 and got marked

Exs.A1 and A2. Ex.A1 is original promissory note dated 01.08.2012 executed by defendant in favour of plaintiff for Rs.50,000/- and Ex.A2 is original promissory note dated 06.01.2014 executed by defendant in favour of plaintiff for

Rs.70,000/-.

5.I have heard the arguments learned advocate for plaintiff.

6.Now, the point for consideration:

Whether the plaintiff is entitled for recovery of entire suit amount from defendant as prayed for?

7.POINT:

It is the contention of the plaintiff that defendant herein borrowed sum of

Rs.50,000/- on 01.08.2012 and Rs.70,000/- on 06.01.2014 respectively from plaintiff for his family expenses and in token thereof, executed Exs.A1 and A2 two promissory notes on the even dates in favour of plaintiff and later failed to discharge the due amount. The plaintiff in support of his contentions got examined himself as PW1 and filed proof affidavit reiterating all the averments as stated in his plaint pleadings. Apart from his oral evidence PW1 got marked

Exs.A1 and A2. Ex.A1 original promissory note dated 01.08.2012 executed by defendant in favour of plaintiff and Ex.A2 original promissory note dated 06.01.2014 executed by defendant in favour of plaintiff. The oral evidence of

PW1 coupled with Exs.A1 and A2 on record made it clear that defendant herein borrowed sum of Rs.50,000/- on 01.08.2012 and Rs.70,000/- on 06.01.2014 respectively from plaintiff and in token thereof, executed Exs.A1 and A2 promissory notes in favour of plaintiff. The oral evidence of PW1 coupled with

Exs.A1 and A2 on record is neither challenged nor denied nor rebutted by the 3 defendant by filing his written statement. Once defendant failed to turn up to contest the case on merits, an adverse inference can be drawn against defendant that he was person executed Exs.A1 and A2 promissory notes.

Further to arrive just conclusion in this case, this is scrutinized the signature of defendant on served summons and vakalath filed by him with that of his alleged signatures on Exs.A1 and A2 promissory notes and found the signatures of defendant on such promissory notes are similar and identical with that of signatures on served summons and vakalath. Therefore, I have no hesitation to hold that defendant herein executed Exs.A1 and A2. Once execution of promissory note is proved with cogent evidence the presumption U/sec.118 of

N.I.Act, comes to rescue the case of plaintiff that consideration under Exs.A1 and

A2 was duly passed to defendant unless and until contrary is proved. Further it is the contention of plaintiff that defendant did not discharge single paisa under

Exs.A1 and A2. Therefore, I am of the considered view that plaintiff is entitled to recover entire suit amount from defendant as prayed for. Accordingly, suit is liable to be decreed.

8.In the result, suit is decreed with costs and defendant is directed to pay a sum of Rs.1,80,366/- to plaintiff with interest at 12% p.a, from the date of the suit till the date of decree and thereafter at 6% p.a., from the date of the decree till the date of realization on principal amount of Rs.1,20,000/- (Rs.50,000/- +

Rs.70,000/-).

Dictated to the Personal Assistant, corrected and pronounced by me in

open Court, this the 6th day of November, 2015.

Sd/S.Sivasankar Reddy Addl. Junior Civil Judge, Chirala, FAC. Prl. Junior Civil Judge, Chirala.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Plaintiff : Pw.1: Govindu Mohana Rao

For Defendant : - None - 4

Documents Marked on behalf of Plaintiff Ex.A1 : Original promissory note dated 01.08.2012 executed by defendant in favour of plaintiff for Rs.50,000/-. Ex.A2 : Original promissory note dated 06.01.2014 executed by defendant in favour of plaintiff for Rs.70,000/-.

Documents Marked on behalf of Defendant.

–Nil -

Sd/S.Sivasankar Reddy AJCJ, Chirala FAC. P.J.C.J., Chirala.

// TRUE COPY //

ADDL.JUNIOR CIVIL JUDGE,CHIRALA,

FAC. PRL.JUNIOR CIVIL JUDGE,CHIRALA.

1

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : CHIRALA

Present: Sri S. SIVA SANKAR REDDY,

Addl. Junior Civil Judge, Chirala

FAC. Prl. Junior Civil Judge, Chirala.

Thursday, this the 12th day of November, 2015.

O.S.No.219/2015

Between : Bathina Subba Rao, S/o Kotaiah, aged 79 years, Hindu, Rtd. RTC. Employee, R/o Jakkavari street, Perala Post, Chirala Mandal.

.... Plaintiff

And

Vadlamudi Koteswara Rao, S/o Venkateswarlu, aged about 45 years, Hindu, Rtd.RTC Conductor, R/o Uppugunduru Post and Mandal, Prakasam District. … Defendant

Suit for recovery of Rs.56,430/- being the principal and interest due on a promissory note dated 01.05.2010 executed by the defendant in favour of the plaintiff for Rs.25,000/- agreeing to repay the same with interest at 24% p.a., and for costs.

Plaint Presented on : 10.08.2015Plaint filed on : 23.09.2015

Cause of Action :

Cause of action for the suit arose on 01.05.2010 when the defendant borrowed an amount of Rs.25,000/- from the plaintiff for his family expenses and executed a promissory note in favour of the plaintiff and when inspite of demands made by the plaintiff personally, the defendant made a part payment of Rs.100/- to the plaintiff on 03.04.2013 and later plaintiff got issued a lawyer notice to the defendant on 23.06.2015 and at Perala where the suit transaction took place within the jurisdiction of this court.

Valuation :

Value of the suit for the purpose of Court fee and jurisdiction is

Rs.56,430/- on which a Court fee of Rs.2,546/- is paid U/sec.20 of APCF and

SV Act.

2

This suit is coming on 09.11.2015 before me for final hearing in the presence of Sri M.V.Chalapathi Rao, Advocate for Plaintiff; and defendant having been remained ex parte, this court doth order and decree:

1.that the defendant do pay to the plaintiff a sum of Rs.56,430/- with interest at 12% p.a. from the date of the suit i.e, 10.08.2015 till the date of decree i.e., 12.11.2015 and thereafter at 6% p.a. till the date of realization on principal amount of Rs.24,900/-; and

2.that the defendant also do pay to the plaintiff a sum of Rs.3,884/- towards costs of the suit.

Given under my hand and the seal of the Court, this the 12 th day of

November, 2015.

Addl. Junior Civil Judge, Chirala, FAC. Prl. Junior Civil Judge, Chirala.

Table of Costs

ForFor S.No.Particulars PlaintiffDefendant

1.Stamp on Vakalat2.00

2.Stamp on Plaint2,546.00

3. Stamps on Process 40.00 Ex parte

4.Advocate's fee 1,196.00

5.Typing charges100.00 Total 3,884.00

AJCJ, Chirala FAC. P.J.C.J., Chirala.

1

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : CHIRALA

Present: Sri S. SIVA SANKAR REDDY,

Addl. Junior Civil Judge, Chirala

FAC. Prl. Junior Civil Judge, Chirala.

Thursday, this the 12th day of November, 2015.

O.S.No.219/2015

Between : Bathina Subba Rao, S/o Kotaiah, aged 79 years, Hindu, Rtd. RTC. Employee, R/o Jakkavari street, Perala Post, Chirala Mandal.

.... Plaintiff

And

Vadlamudi Koteswara Rao, S/o Venkateswarlu, aged about 45 years, Hindu, Rtd.RTC Conductor, R/o Uppugunduru Post and Mandal, Prakasam District. … Defendant

Suit for recovery of Rs.56,430/- being the principal and interest due on a promissory note dated 01.05.2010 executed by the defendant in favour of the plaintiff for Rs.25,000/- agreeing to repay the same with interest at 24% p.a., and for costs.

Plaint Presented on : 10.08.2015Plaint filed on : 23.09.2015

Cause of Action :

Cause of action for the suit arose on 01.05.2010 when the defendant borrowed an amount of Rs.25,000/- from the plaintiff for his family expenses and executed a promissory note in favour of the plaintiff and when inspite of demands made by the plaintiff personally, the defendant made a part payment of Rs.100/- to the plaintiff on 03.04.2013 and later plaintiff got issued a lawyer notice to the defendant on 23.06.2015 and at Perala where the suit transaction took place within the jurisdiction of this court.

Valuation :

Value of the suit for the purpose of Court fee and jurisdiction is

Rs.56,430/- on which a Court fee of Rs.2,546/- is paid U/sec.20 of APCF and

SV Act.

2

This suit is coming on 09.11.2015 before me for final hearing in the presence of Sri M.V.Chalapathi Rao, Advocate for Plaintiff; and defendant having been remained ex parte, this court doth order and decree:

1.that the defendant do pay to the plaintiff a sum of Rs.56,430/- with interest at 12% p.a. from the date of the suit i.e, 10.08.2015 till the date of decree i.e., 12.11.2015 and thereafter at 6% p.a. till the date of realization on principal amount of Rs.24,900/-; and

2.that the defendant also do pay to the plaintiff a sum of Rs.3,884/- towards costs of the suit.

Given under my hand and the seal of the Court, this the 12 th day of

November, 2015.

Addl. Junior Civil Judge, Chirala, FAC. Prl. Junior Civil Judge, Chirala.

Table of Costs

ForFor S.No.Particulars PlaintiffDefendant

1.Stamp on Vakalat2.00

2.Stamp on Plaint2,546.00

3. Stamps on Process 40.00 Ex parte

4.Advocate's fee 1,196.00

5.Typing charges100.00 Total 3,884.00

AJCJ, Chirala FAC. P.J.C.J., Chirala.

1

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : CHIRALA

Present: Sri S. SIVA SANKAR REDDY,

Addl. Junior Civil Judge, Chirala

FAC. Prl. Junior Civil Judge, Chirala.

Thursday, this the 12th day of November, 2015.

O.S.No.102/2015

Between : Nallagatla Ekalavya, S/o Subrahmanyam, aged about 29 years, Hindu-Mala, S.C.,Business, Door No.3-13, Gopal Nagar, Kothapeta,

Vetapalem Mandal. .... Plaintiff

And

Gattu Poorna Venkata Prasad, S/o Late Sundaraiah, aged about 46 years, Hindu, Business, Residing at Door No.21-23-32, Opp: Burla Naraiah's House, Yadavapalem, Chirala DMC.… Defendant

Suit for recovery of Rs.2,58,000/- being the principal and interest due on a promissory note dated 12.06.2012 executed by the defendant in favour of the plaintiff for Rs.1,50,000/- agreeing to repay the same with interest at 24% p.a., and for costs.

Plaint Presented on : 12.06.2015Plaint filed on : 22.06.2015

Cause of Action :

Cause of action for the suit arose when the defendant borrowed an amount of Rs.1,50,000/- on 12.06.2012 from plaintiff for his family expenses and executed a promissory note in favour of the plaintiff, where the suit promissory note transaction was took place at Chirala, within the jurisdiction of this court.

Valuation :

Value of the suit for the purpose of Court fee and jurisdiction is

Rs.2,58,000/- on which a Court fee of Rs.5,026/- is paid U/sec.20 of APCF and

SV Act.

This suit is coming on 09.11.2015 before me for final hearing in the presence of Sri G.Koteswara Rao, Advocate for Plaintiff; and defendant having been remained ex parte, this court doth order and decree:

2

1.that the defendant do pay to the plaintiff a sum of Rs.2,58,000/- with interest at 12% p.a. from the date of the suit i.e., 12.06.2015 till the date of decree i.e., 12.11.2015 and thereafter at 6% p.a. till the date of realization on the principal amount of Rs.1,50,000/-;

and

2.that the defendant also do pay to the plaintiff a sum of Rs.9,972/- towards costs of the suit.

Given under my hand and the seal of the Court, this the 12 th day of November, 2015.

Addl. Junior Civil Judge, Chirala, FAC. Prl. Junior Civil Judge, Chirala.

Table of Costs

ForFor S.No.Particulars PlaintiffDefendant

1.Stamp on Vakalat2.00

2.Stamp on Plaint5,026.00

3. Stamps on Process 124.00 Ex parte

4.Advocate's fee 4,720.00

5.Typing charges100.00 Total 9,972.00

AJCJ, Chirala FAC. P.J.C.J., Chirala.