Y Nagapotha Rao Died vs S Venkata Neeraja
2022 Latest Caselaw 6958 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE : S.A.No.149 of 2019
                                 PROCEEDING SHEET
Sl.      Date                               ORDER                                 OFFICE
No.                                                                                NOTE

12.   14.09.2022
                   SRS,J
                                     S.A.No.149 of 2019
                         Defendants filed the present second appeal
                   against the judgment and decree, dated 05.09.2018
                   passed in cross A.S.No.18 of 2012 on the file of learned
                   X Additional District and Sessions Judge, Krishna at
                   Machilipatnam reversing the judgment and decree,
                   dated 06.01.2012 passed in O.S.No.80 of 2006 on the
                   file of learned Junior Civil Judge, Bantumilli.

                         The respondent/plaintiff field O.S.No.80 of 2006

for recovery of an amount of Rs.74,760/- being principal and interest said to be due by the appellants/defendants under the suit chit transaction.

The trial Court partly decreed the suit for Rs.13,546/- with proportionate costs and subsequent interest at 12% per annum from the date of suit till the date of decree and thereafter at 6% per annum till realization, on Rs.10,000/-.

Aggrieved by the judgment of the trial Court, appellants/defendants filed A.S.No.18 of 2012 and respondent/plaintiff filed Cross A.S.18 of 2018. The lower appellate Court dismissed the appeal filed by the appellants/defendants and partly allowed cross appeal with costs throughout by setting aside the judgment of the trial Court and decreed the suit for Rs.74,760/- with subsequent interest at 12% per annum from the date of suit till the date of decree and 6% per annum on the principal amount of Rs.60,000/- till the date of realization. Aggrieved by the judgment passed in cross appeal, the present second appeal is filed by the defendants.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the suit filed for recovery of amount basing on assignment deed, dated 29.05.2004 is maintainable without impleading the transferor of assignment deed?

2. Whether suit is maintainable in view of Section 64 of the Chit funds Act?

Post on 19.10.2022, under the caption 'final hearing'.

______ SRS,J ikn