THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
SECOND APPEAL No. 11 of 2021
JUDGMENT:
Appellant is a Chit Fund Company. The first defendant was the successful bidder in the auction dated 27.12.2000. However, on the ground that the first defendant failed to pay the instalments, the appellant filed O.S.No.572 of 2005 in the Court of V Junior Civil Judge, City Civil Courts, Hyderabad, against him and his guarantors, for recovery of a sum of Rs.75,026/-. The trial Court having found that the appellant/plaintiff has failed to prove that the first defendant committed default in payment of instalments from October, 2002, and that in the printed voucher, Ex.A.5, entire blanks were filled with black ink and the signature of the first defendant is in blue ink, came to the conclusion that the appellant failed to prove the payment of prized amount and the said suit was filed within the period of limitation and, thereby, dismissed the suit vide judgment dated 01.10.2007. Aggrieved by the said judgment, the appellant filed A.S.No.7 of 2009 in the Court of II Additional Chief Judge, City Civil Courts, Hyderabad. The lower appellate Court having found that the appellant/plaintiff failed to prove the chit agreement, the statement of accounts of D.W.1 and the adjustment receipts, Exs.A.5 and A.14; that the appellant/plaintiff has failed to CKR, J 2 S.A.No.11 of 2021 produce its ledger accounts to show that the amount was adjusted for the due amounts of earlier chits and that the alleged admission of D.W.1 with respect to his signatures on Exs.A.5 and A.14 was not proved before the trial Court and the said plea was taken for the first time in the appeal, dismissed the appeal vide judgment dated 23.12.2019. Against the said judgment, the present Second Appeal is filed.
A perusal of the judgments of both the Courts below discloses that both the Courts below have rightly recorded that the suit filed by the appellant is barred by limitation.
Therefore, there is no question of law, much less substantial question of law involved in this Second Appeal.
This Second Appeal is accordingly dismissed. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 20th JANUARY, 2021.
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