In The Court of The Principal Junior Civil Judge: Kadapa: Recovery of The Suit Amount As Prayed For ?

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IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE : KADAPA

Present: Sri M. Sridhar, Principal Junior Civil Judge, Kadapa,

Friday, this the 29th day of December, 2017


O.S.No. 56 of 2017

R. Sudharsan Reddy
…. Plaintiff.
Vs.
Y. Kumar.
… Defendant.

This suit is coming on this day for final hearing before me in the presence of
Sri G.V. Kalyana Reddy, Advocate for the plaintiff and the defendant called absent
and remained set exparte, upon perused the records, and having stood over for
consideration till this day, this Court delivered the follows:-
JUDGMENT
This is a suit filed for recovery of Rs.2,57,540/- being the principal and
interest due on a promissory note dated 24.08.2014 executed by the defendant in
favour of the plaintiff for Rs.1,63,000/-, agreeing to repay the same with interest at
24% per annum with future interest and for costs of the suit.

02. Despite of giving sufficient opportunity, the defendant did not appear
before this Court and hence he was set exparte.

03. In support of his case, the plaintiff himself examined as P.W.1 and Ex.A.1
to Ex.A3 marked.

04. Heard the learned counsel for the plaintiff and perused the material on
record.
05. Now the point for consideration is: Whether the plaintiff is entitled for
recovery of the suit amount as prayed for ?

06. POINT:- The plaintiff states that the defendant borrowed a sum of
Rs.1,63,000/- on 24.08.2014 from the plaintiff for his family necessities, agreeing to
repay the same with interest at the rate of 24% per annum, and executed a
promissory note under Ex.A.1 in his favour. In spite of repeated demands made by
the plaintiff, the defendant did not pay the debts due by him and postponing the same
on one pretext or other. Finally the plaintiff got issued legal notice, dt.06.12.2016
under Ex.A2 but the defendant failed to discharge the same. Hence, having no
option the plaintiff filed the suit. In his chief examination, the plaintiff as P.W.1
reiterated the contents of plaint. On perusal of Ex.A.1 to Ex.A3 coupled with the
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oral evidence of P.W.1 establishes the claim of the plaintiff.


07. As the defendant fails to rebut the evidence of plaintiff and it goes to
show that the plaintiff established his case for the relief sought for and in the said
circumstances, I am of the opinion that the plaintiff has good case for grant of
recover of the suit amount against the defendant. Therefore, the plaintiff is entitled
for recover of the suit amount as prayed for.

08. In the result, the suit of the plaintiff is decreed with costs directing the
defendant to pay to the plaintiff a sum of Rs.2,57,540/- together with subsequent
interest at the rate of 12% per annum from the date of institution of the suit till the
date of decree and with future interest at the rate of 6% per annum from the date of
decree till the date of realization on the principal sum of Rs.1,63,000/-.

Typed to my dictation, corrected and pronounced by me in the Open Court,


this the 29th day of December, 2017.
Sd/- M.Sridhar
PRINCIPAL JUNIOR CIVIL JUDGE,
KADAPA.

APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PLAINTIFF: DEFENDANT: Exparte
P.W.1: R. Sudharsan Reddy
EXHIBITS MARKED FOR PLAINTIFF:
Ex.A.1: Original promissory note dt.24.08.2014 executed by the defendant in favour
of the plaintiff for Rs.1,63,000/-
Ex.A.2: Office copy of legal notice, dt.06.12.2016 issued by the plaintiff to the
defendant with postal receipt.
Ex.A.3: Postal acknowledgment signed by the defendant.

Sd/- M.S
P.J.C.J., Kdp.

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