Os 12-11

 

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff

:

P. Obulesh

Defendant

:

B. Nandi Reddy

1.

DRAFT ISSUES SUBMITTED ON BEHALF OF THE PLAINTIFF Whet Whether her the disc discha harg rge e plea pleade ded d by the the Def Defen enda dant nt iin n the the year year,, 200 2007 7 is true true and and correct?

2.

Whet hether her the endor dorsement of pay payment found und on the the rea rear side of the su suiit pronote is forged one?

3.

Wheth hether er the suit uit is is barr barred ed by lim limita itatio tion?

4.

To what relief?

Madanapalle, Dt:10-12-2012

counsel for the Plaintiff  

 

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff

:

P. Obulesh

Defendant

:

B. Nandi Reddy

CHIEF EXAMINATION AFFIDAVIT OF P.W.-1 FILED UNDER ORDER 18,RULE 4: C.P.C. I, P. Obul Obules esh, h, S/ S/o. o. Nagu Nagula lapp ppa, a, aged aged abou aboutt 61 year years, s, Hi Hind ndu, u, resi residi ding ng at Kummaravaripalle, PTM Post and Mandal, do hereby solemnly affirm and state as follows: 1. I am am the the Plai Plaint ntif ifff in in the the abov above e sui suitt and and Depo Depone nent nt here herein in.. 2.

I subm submit it that that on on 14-0 14-011-20 2005 05,, the Def Defend endan antt borro borrowe wed d Rs.34 Rs.34,0 ,000 00//- ((Rs Rs.. Thir Thirty ty four thousands only) from me for his legal necessities and justifiable causes, agreeing to repay the the same with interest @24%p.a., on demand either to me or to my order and in evidence thereof, the Defendant executed the suit pronote in my favour on the even date. On my repeated demands, the Defendant paid Rs.500/- (Rs. Five Hundreds only) to me on 22-12-2006 towards the partial discharge discha rge of the above said debt and endorsed the same on the reverse of the suitt pronot sui pronote e acknow acknowled ledging ging his liabili liability ty to discha discharge rge my debt.

Aga Again in on

22-12-2007, the Defendant paid a sum of Rs.1,000/- (Rs. One thousand only) to me towards the partial discharge of the above said and endorsed the same on the reverse reverse of the above above said pronote pronote..

Inspit Inspite e of my repeate repeated d demands demands

thereafter, the Defendant has been postponing to discharge my debt on some pretext or the other and the said debt is still due. I also caused a legal notice dt;08-11-2010 calling him upon to discharge my debt and the Defendant sent a reply for the same with false allegations, but admitting the execution of the suit pronote in my favour. favour. Since the Defendant has been intentionally evading to discharge my debt, I am constrained to file this suit.

3.

It is is there therefo fore re mos mostt humbl humbly y pray prayed ed tha thatt the the Hon' Hon'bl ble e cour courtt ma may y be plea please sed d to direct the Defendant to pay the suit amount to me along-with interest and costs, as prayed for, in the interest of justice. Or else, I will suffer irreparable loss and serious hardship.

Deponent Solemnly affirmed and signed before me on 11-03-2013 at Madanapalle Advocate List of Documents sought to be marked as Exhibits: Ex.A-1:14-01-2005:

Original suit pronote executed by the Defendant in favour of the Plaintiff;

 

Ex.A-2:22-12-2006:

Payment endorsement on the reverse of the suit pronote for Rs.500/- made by the Defendant;

Ex.A-3:22-12-2007:

Payment endorsement on the reverse of the suit pronote for Rs.1000/- made by the Defendant;

Ex.A-4:08-11-2010:

Office copy of legal notice issued by the Plaintiff to the Defendant;

Ex.A-5:

:

Ex.A-6:19-11-2010:

Postal Acknowledgement card; Reply notice issued by the Defendant.

Counsel for the Plaintiff 

 

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff

:

P. Obulesh

Defendant

:

B. Nandi Reddy

CHIEF EXAMINATION AFFIDAVIT OF P.W.-2 FILED UNDER ORDER 18,RULE 4: C.P.C. I, J. Suryanarayana, S/o. Venkatrayappa, aged about 65 years, Hindu, residing at Kummaravaripalle, PTM Post and Mandal, do hereby solemnly affirm and state as follows: 1.

I am th third pa party to to the the abo above su suit and and Depo Depon nent h he erei rein.

I kn kno ow bot both the the

parties to the suit as well as the suit transaction. 2.

I subm submit it tha thatt on 2222-12 12-2 -200 006, 6, the Defe Defenda ndant nt app appro roac ache hed d me ssta tatin ting g that that he he has has borrowed a sum of Rs.34,000/- from the Plaintiff and had executed a pronote and that on that day, he wanted wanted to pay a sum of Rs.500/Rs.500/- to the Plaintiff Plaintiff as a part pa rt paym paymen entt and and re requ ques estt th the e Plai Plaint ntif ifff to ex exte tend nd some some more more ti time me for for di disc scha harg rgin ing g th the e debt debt,, and and re requ ques este ted d me to scri scribe be th the e endo endors rsem emen ent. t. Accordingly, myself and the Defendant went to the house of the Plaintiff and in my presence, the Defendant paid a sum of Rs.500/- to the Plaintiff, and the Plaintiff brought the suit pronote under Ex.A-1 and instructed me to scribe the endorsement. Accordingly, the endorsement endorsement under Ex.A-2, was written by me on that day, day, and and read read ov over er the sa same me to the Defend Defendan ant. t.

There Thereaf afte ter, r, the

Defendant subscribed his signature in telugu and put the date beneathe his signature and requested for some more time to discharge the suit debt, for which, the Plaintiff accepted and we went away. 3.

Agai Again n on 22-12 22-12-2 -200 007, 7, the the Defen Defenda dant nt once once agai again n appro approac ache hed d me stat statin ing g the same thing that he wanted to take some more time to discharge the said debt by paying Rs.1000/Rs.1000/- and requested me to scribe the endorsement. Accordingly, we went to the house of the Plaintiff and there, the Defendant paid Rs.1000/nd

to the Plaintiff and I scribed the 2 endorsement under Ex.A-3 and read over the same to the Defendant. Thereafter, the Defendant signed beneathe Ex.A-3 in Telugu and put the date. 4.

Thus Thus,, the abo above said said part part pay payment ment endo endors rsem emen ents ts un unde derr Ex. Ex.AA-2 2 and 3 were were scribed by me and in my presence, the Defendant made the part payments and signed Ex.A-2 and A-3 and sought for extension of time to discharge the debt.

Deponent Solemnly affirmed and signed signed before before me on 22-04-2013 at Madanapalle Madanapalle

Advocate

 

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff

:

P. Obulesh

Defendant

:

B. Nandi Reddy

CHIEF EXAMINATION AFFIDAVIT OF P.W.-3 FILED UNDER ORDER 18,RULE 4: C.P.C. I, M. Anja Anjann nna, a, S/ S/o. o. Late Late Nara Naraya yana na,, ag aged ed abou aboutt 50 year years, s, Hind Hindu, u, resi residi ding ng at Janupavaripalle village, B.Kothakota solemnly affirm and state as follows: post and Mandal, Chittoor District , do hereby 1. I am am thir third d part party y to th the e abo above ve Pro Proce ceed edin ings gs and and Dep Depon onen entt he here rein in.. I know know both both parties to the suit as well as the suit transaction. 2.

I subm submit it that that on on 14-0 14-011-20 2005 05,, the Def Defend endan antt borro borrowe wed d Rs.34 Rs.34,0 ,000 00//- ((Rs Rs.. Thir Thirty ty four thousands only) from the Plaintiff for his legal necessities and justifiable causes, agreeing to repay the same with interest @24%p.a., on demand either to him or to his order and in evidence thereof, the Defendant executed the suit pronote under Ex.A-1 in favour of the Plaintiff on the even date. On that day, the Defendant approached me stating that he was in necessity of amount and requested me to accompany him to act as attestor to the said transaction. Accord Acc ording ingly, ly, myself myself and the Defend Defendant ant went went to one med medica icall shop shop nam namely ely Jagadeesh Medical Medical shop of B.Kothakota B.Kothakota , where, the Plaintiff, one K. Nagaraja Reddy and E.Sathyanarayana, E.Sathyanarayana, were present. In our presence, the Plaintiff lent the sum of Rs.34,000/- to the Defendant and the Defendant , after counting the same, same, instru instructe cted d the above above said said E.Sath E.Sathyan yanara arayan yana, a, to scribe scribe Ex.A-1 Ex.A-1.. Accord Acc ording ingly, ly, the said said E.Sath E.Sathyan yanara arayan yana, a, scribe scribed d Ex.A-1 Ex.A-1 and rea read d ove overr the contents therein, and after being satisfied about the correctness of the same, subscribed his signatures in Telugu across the revenue stamps and beneathe the same. sam e.

Then, Then, mysel myselff and K.Na K.Nagar garaja aja Redd Reddy y signed signed as as attesto attestors. rs.

Finall Finally, y,

E.Sathyana E.Sat hyanarayan rayana, a, signed as Scribe. Thus, the transaction transaction under Ex.A-1 took took place in our presence and the Defendant became indebted to the Plaintiff to the tune of Rs.34,000/-.

Deponent Solemnly affirmed and signed before me on

at Madanapalle

Advocate