P Nageswara Rao vs Kota Nagarjuna Reddy
2022 Latest Caselaw 7672 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.449 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

11.10.2022 SRS,J I.A.No.1 of 2022

This petition is filed to condone the delay of 117 days in representing the second appeal.

For the reasons mentioned in Para No.4 of the affidavit, the delay of 117 days in representing the second appeal is condoned.

Accordingly, this petition is ordered.

______ SRS,J S.A.No.449 of 2022 Plaintiff filed the present second appeal against the judgment and decree, dated 30.04.2021 passed in A.S.No.55 of 2018 on the file of the VI Additional District Judge, Markapur, reversing the judgment and decree, dated 10.04.2018 passed in O.S.No.45 of 2017 on the file of the Senior Civil Judge, Darsi.

The suit in O.S.No.45 of 2017 was filed by the plaintiff for recovery of Rs.5,84,800/- basing on three promissory notes, with future interest and for costs.

The trial Court decreed the suit with costs. Aggrieved by the same, defendant preferred A.S.No.55 of 2018 and the same was allowed with costs on 30.04.2021. Hence, the suit is dismissed with costs. Therefore, the present Second Appeal is filed by plaintiff.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the presumption of passing of consideration under Exs.A-1 to A-3 promissory notes, admittedly executed by the defendant with his own handwriting, is in existence until and unless defendant rebutted the presumption by his own evidence proving the alleged chit transaction as pleaded in his written statement?

2) Whether the promissory notes i.e. Exs.A-1 to A- 3 are attestable documents or not?

______ SRS,J KA