IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff Defendant 1. 2. 3. 4. : : P. Obulesh B.

Nandi Reddy

DRAFT ISSUES SUBMITTED ON BEHALF OF THE PLAINTIFF Whether the discharge pleaded by the Defendant in the year, 2007 is true and correct? Whether the endorsement of payment found on the rear side of the suit pronote is forged one? Whether the suit is barred by limitation? To what relief? counsel for the Plaintiff

Madanapalle, Dt:10-12-2012

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff Defendant : : P. Obulesh B. Nandi Reddy

CHIEF EXAMINATION AFFIDAVIT OF P.W.-1 FILED UNDER ORDER 18,RULE 4: C.P.C. I, P. Obulesh, S/o. Nagulappa, aged about 61 years, Hindu, residing at Kummaravaripalle, PTM Post and Mandal, do hereby solemnly affirm and state as follows: 1. I am the Plaintiff in the above suit and Deponent herein. 2. I submit that on 14-01-2005, the Defendant borrowed Rs.34,000/- (Rs. Thirty four thousands only) from me for his legal necessities and justifiable causes, agreeing to repay the same with interest @24%p.a., on demand either to me or to my order and in evidence thereof, the Defendant executed the suit pronote in my favour on the even date. On my repeated demands, the Defendant paid Rs.500/- (Rs. Five Hundreds only) to me on 22-12-2006 towards the partial discharge of the above said debt and endorsed the same on the reverse of the suit pronote acknowledging his liability to discharge my debt. Again on 22-12-2007, the Defendant paid a sum of Rs.1,000/- (Rs. One thousand only) to me towards the partial discharge of the above said and endorsed the same on the reverse of the above said pronote. Inspite of my repeated demands thereafter, the Defendant has been postponing to discharge my debt on some pretext or the other and the said debt is still due. I also caused a legal notice dt;08-11-2010 calling him upon to discharge my debt and the Defendant sent a reply for the same with false allegations, but admitting the execution of the suit pronote in my favour. Since the Defendant has been intentionally evading to discharge my debt, I am constrained to file this suit. 3. It is therefore most humbly prayed that the Hon'ble court may be pleased to direct the Defendant to pay the suit amount to me along-with interest and costs, as prayed for, in the interest of justice. Or else, I will suffer irreparable loss and serious hardship. Deponent Solemnly affirmed and signed before me on 11-03-2013 at Madanapalle Advocate List of Documents sought to be marked as Exhibits: Ex.A-1:14-01-2005: Original suit pronote executed by the Defendant in favour of the Plaintiff;

Ex.A-2:22-12-2006: Ex.A-3:22-12-2007: Ex.A-4:08-11-2010: Ex.A-5: :

Payment endorsement on the reverse of the suit pronote for Rs.500/- made by the Defendant; Payment endorsement on the reverse of the suit pronote for Rs.1000/- made by the Defendant; Office copy of legal notice issued by the Plaintiff to the Defendant; Postal Acknowledgement card; Reply notice issued by the Defendant. Counsel for the Plaintiff

Ex.A-6:19-11-2010:

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff Defendant : : P. Obulesh B. Nandi Reddy

CHIEF EXAMINATION AFFIDAVIT OF P.W.-2 FILED UNDER ORDER 18,RULE 4: C.P.C. I, J. Suryanarayana, S/o. Venkatrayappa, aged about 65 years, Hindu, residing at Kummaravaripalle, PTM Post and Mandal, do hereby solemnly affirm and state as follows: 1. 2. I am third party to the above suit and Deponent herein. parties to the suit as well as the suit transaction. I submit that on 22-12-2006, the Defendant approached me stating that he has borrowed a sum of Rs.34,000/- from the Plaintiff and had executed a pronote and that on that day, he wanted to pay a sum of Rs.500/- to the Plaintiff as a part payment and request the Plaintiff to extend some more time for discharging the debt, and requested me to scribe the endorsement. Accordingly, myself and the Defendant went to the house of the Plaintiff and in my presence, the Defendant paid a sum of Rs.500/- to the Plaintiff, and the Plaintiff brought the suit pronote under Ex.A-1 and instructed me to scribe the endorsement. Accordingly, the endorsement under Ex.A-2, was written by me on that day, and read over the same to the Defendant. Thereafter, the Defendant subscribed his signature in telugu and put the date beneathe his signature and requested for some more time to discharge the suit debt, for which, the Plaintiff accepted and we went away. 3. Again on 22-12-2007, the Defendant once again approached me stating the same thing that he wanted to take some more time to discharge the said debt by paying Rs.1000/- and requested me to scribe the endorsement. Accordingly, we went to the house of the Plaintiff and there, the Defendant paid Rs.1000/to the Plaintiff and I scribed the 2 nd endorsement under Ex.A-3 and read over the same to the Defendant. Thereafter, the Defendant signed beneathe Ex.A-3 in Telugu and put the date. 4. Thus, the above said part payment endorsements under Ex.A-2 and 3 were scribed by me and in my presence, the Defendant made the part payments and signed Ex.A-2 and A-3 and sought for extension of time to discharge the debt. Deponent Solemnly affirmed and signed before me on 22-04-2013 at Madanapalle Advocate I know both the

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 12/2011 Plaintiff Defendant : : P. Obulesh B. Nandi Reddy

CHIEF EXAMINATION AFFIDAVIT OF P.W.-3 FILED UNDER ORDER 18,RULE 4: C.P.C. I, M. Anjanna, S/o. Late Narayana, aged about 50 years, Hindu, residing at Janupavaripalle village, B.Kothakota post and Mandal, Chittoor District , do hereby solemnly affirm and state as follows: 1. I am third party to the above Proceedings and Deponent herein. I know both parties to the suit as well as the suit transaction. 2. I submit that on 14-01-2005, the Defendant borrowed Rs.34,000/- (Rs. Thirty four thousands only) from the Plaintiff for his legal necessities and justifiable causes, agreeing to repay the same with interest @24%p.a., on demand either to him or to his order and in evidence thereof, the Defendant executed the suit pronote under Ex.A-1 in favour of the Plaintiff on the even date. On that day, the Defendant approached me stating that he was in necessity of amount and requested me to accompany him to act as attestor to the said transaction. Accordingly, myself and the Defendant went to one medical shop namely Jagadeesh Medical shop of B.Kothakota , where, the Plaintiff, one K. Nagaraja Reddy and E.Sathyanarayana, were present. In our presence, the Plaintiff lent the sum of Rs.34,000/- to the Defendant and the Defendant , after counting the same, instructed the above said E.Sathyanarayana, to scribe Ex.A-1. Accordingly, the said E.Sathyanarayana, scribed Ex.A-1 and read over the contents therein, and after being satisfied about the correctness of the same, subscribed his signatures in Telugu across the revenue stamps and beneathe the same. Then, myself and K.Nagaraja Reddy signed as attestors. Finally, E.Sathyanarayana, signed as Scribe. Thus, the transaction under Ex.A-1 took place in our presence and the Defendant became indebted to the Plaintiff to the tune of Rs.34,000/-. Deponent Solemnly affirmed and signed before me on at Madanapalle Advocate