Gummala Kusuma vs Nagi Reddi Srinivasa Rao
2021 Latest Caselaw 3461 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.295 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                         ORDER                                       OFFICE
No.                                                                                                NOTE
3.    09.09.2021   MVR,J                                                                          Tr. to I-
                                             S.A.No.295 of 2021                                   O folder
                                                                                                   before
                                                                                                  correcti
                      Heard Sri Y.Sudhakar, learned counsel for the appellant.                     ons if
                                                                                                    any.
                      Upon consideration of the decrees and judgments of the                      Pl.verify
                   trial Court as well as the 1st appellate Court, since the                          .
                   following      substantial        questions    of      law     arise     for
                   determination in the second appeal, ADMIT.
                         1. Whether the evidence of PW.2 that consideration

                               was not paid to the defendants in his presence

                               itself is sufficient in automatic rebuttal of the

                               presumption under Section 118(a) of the Negotiable

                               Instruments      Act    for    setting     aside   the     well

                               considered judgment and decree of the trial court

                               by the appellate court?

                         2. Whether the lower appellate court is right in

                               setting aside the judgment and decree of the lower

                               court when the execution of promissory note-Ex.A1

                               and passing of consideration was proved and

                               established      by     the    plaintiff    by     oral     and

                               documentary evidence and by necessary pleadings?

                         3. Whether the judgment of the lower appellate court

                               is vitiated for        not    following     the mandatory

                               provisions provided under Order 41 Rule 31 CPC

                               while deciding the first appeal?

                     Issue notice to the respondents.

List the matter during the 3rd week of December, 2021.

______ MVR,J Pab