Andhra Pradesh High Court - Amravati
3 vs Unknown on 24 March, 2022
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
SECOND APPEAL No.77 of 2021
JUDGMENT:-
The unsuccessful defendant filed the present second
appeal aggrieved by the decree and judgment dated 03.06.2019
passed in A.S.No.42 of 2016 on the file of VI Additional District
Judge, Markapur, whereby the first appellate Court dismissed
the appeal confirming the decree and judgment dated
01.11.2016
passed in O.S.No.174 of 2011 on the file of learned
Senior Civil Judge, Markapur.
2. For the sake of convenience, the parties shall be referred
to as they are arrayed in O.S.No.174 of 2011.
3. Plaintiff filed suit for recovery of Rs.80,000/- on the basis
of promissory note, dated 14.09.2008 executed by the defendant
agreeing to repay the amount with interest at 18% per annum.
Since the defendant failed to repay the amount, legal notice,
dated 10.06.2011 i.e. Ex.A2 was issued to the defendant. The
defendant received the same and issued reply notice with false
allegations. Hence, the suit.
4. The defendant filed written statement and contended that
he neither borrowed any amount from the plaintiff nor he
executed promissory note and there are no contacts between
him and the plaintiff. He further pleaded that suit promissory
note is forged one. Eventually, he prayed to dismissed the suit.
5. During the course of trial, plaintiff examined himself as
PW1 and examined one of the attestors as well as scribe of
Ex.A1-promissory note as PWs2 and 3 and got marked Exs.A1
to A3. On behalf of the defendant, he himself is examined as
DW1 and he got examined DW2. Exs.B1 to B6 were marked.
6. The defendant having pleaded forgery, filed I.A.No.249 of
2013 to send Ex.A1, promissory note to expert for comparison of
his signature on Ex.A1. Expert sent opinion/report, however
said opinion/report was not marked. Court below observed that
the opinion of hand writing expert went against defendant.
Having pleaded that the signature appearing on Ex.A1 is forged
one, the defendant could not substantiate the said plea. The
trial Court on consideration of the evidence of PWs1 to 3 and
Ex.A1, decreed the suit by judgment, dated 01.11.2016.
7. Against the said judgment and decree, the defendant filed
appeal in A.S.No.42 of 2016 on the file of learned VI Additional
District Judge, Markapur.
8. The lower appellate Court being final fact finding Court
framed necessary points for consideration and after considering
both oral and documentary evidence dismissed the appeal.
9. Aggrieved by the judgments and decrees of the Courts
below the above second appeal is filed.
10. Heard Sri Siva Sankara Rao Borra, learned counsel for the
appellant.
11. Learned counsel would contend that the both the Courts
did not consider the evidence on record properly and no
consideration was passed under Ex A.1 Both the Courts failed
to consider admissions made by P.W.1 to P.W.3.
12. Suit is filed for recovery of amount on the strength of
promissory note executed by appellant/defendant. Having
pleaded forgery and got the document examined by hand writing
expert since report went against the appellant, he could not get
the report marked. Evidence of PWs1 to 3 with regard to lending
of amount and execution of promissory note is consistent.
Nothing contra was elicited during their cross examination.
Courts below after considering oral and documentary evidence
adduced by both sides, recorded findings that the evidence of
PWs 2 and 3 is consistent and nothing contra was elicited in
their cross-examination. The findings recorded by the Courts
below are basing on the evidence and do not call for interference
of this Court under Section 100 CPC. No question of law much
less substantial question of law is involved in the second appeal
and the same is liable to be dismissed
13. Accordingly, this second appeal is dismissed at admission
stage. No costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
_______________________________
JUSTICE SUBBA REDDY SATTI
Date: 24.03.2022
IKN
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
SECOND APPEAL No.77 of 2019
24.03.2022
IKN
