Kapil Chit Funds Pvt. Ltd vs Sri G.Rajendra
2021 Latest Caselaw 115 Tel

  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

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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