IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE O.S.

NO: Plaintiff : Defendant /2012

B. Jayarama Naik : G. Venkatramana

PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER ORDER VII, RULE 1 R/W. SECTION 26: C.P.C. 1. Plaintiff : B. Jayarama Naik, S/o. Gopala Naik, aged about years, Hindu, residing at D.NO:III/227/G2, Gollapalle cross road, Madanapalle. The address of the Plaintiff is as stated above and also care of Sri B. Bhujanga Rao, B.Sc,LLB,M. Venkatappa, BA,LLB, B. Chandra Sekhar Rao,BA,LLB,M.N.Nagalakshmi, BAL,BL,G.Manohara, BA,LLB, Advocates, Madanapalle. 2. Defendant : G. Venkatramana, S/o. Penchulaiah, aged about yeares, Hindu, residing at D.NO:III/18-3-487-6, Gajjalakunta, Neerugattuvaripalle, Madanapalle. The address of the Defendant is as stated above for all purposes of service

of process, summons, etc., issued from this Honble court. 3. The Plaintiff humbly submits that on 0602-2009, the Defendant borrowed a sum of Rs.40,000/- (Rs. Forty 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 the Plaintiff or to his order and in evidence thereof, the Defendant executed the suit pronote in favour of the Plaintiff on the even date. 4. Inspite of repeated demands made by the Plaintiff, the Defendant has been postponing to discharge the said debt along-with interest on some pretext or the other and the entire debt is still due. The Plaintiff also caused a legal notice dt:0202-2012 to the Defendant calling him upon to discharge the suit debt for which also, the Defendant has not come forward to discharge his debt. Since the Defendant has been intentionally evading

to discharge the Plaintiffs debt, he is constrained to file this suit. 5. The cause of action for this suit arose on 06-02-2009, when the Defendant

borrowed Rs.40,000/- from the Plaintiff and executed the suit pronote, and when the Defendant failed to discharge the said debt inspite of repeated demands and inspite of issuance of legal notice dt:0202-2012 and at Madanapalle, where the

suit transaction took place within the jurisdiction of this Honble court. 6. Particulars of valuation: Principle amount under suit pronote dt:0602-2009: Rs.40,000/Interest on Rs.40,000/- @24%p.a., from 06-02-2009 to 05-02-2009 Rs.28,773/:

Total Rs.68,773/-

The value of the suit for purpose of court fee and Jurisdiction is Rs.68,773/- and a court fee of Rs. of A.P.C.F.Act. 7. PRAYER: It is therefore most humbly prayed that the Honble court may be pleased to Pass a Decree and Judgment in favour of the Plaintiff and against the Defendant: a) By directing the Defendant to pay the suit amount of Rs.68,773/- to the Plaintiff with interest @24%p.a, from the date of suit till realization; b) Award the costs of the suit; and c) Pass such other or further reliefs as this Honble court deems fit and proper /- is paid under S.20

under the Circumstances of the case, in the interest of justice.

Counsel for the Plaintiff Plaintiff Verification The facts stated above are all read over and explained to me in Telugu and admitted herein to be true and correct to the best of my knowledge, belief and information. Madanapalle, Plaintiff Dt:06-02-2012 List of Documents: 1. 06-02-2009 : Original suit pronote executed by the Defendant in favour of the Plaintiff; 2. : Xerox copy of Document no:1. 3. 02-02-2012 : Office copy of legal notice issued by the Plaintiff to the Defendant;

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO: 86/2012 Plaintiff : B. Jayarama Naik Defendant : G. Venkatramana CHIEF EXAMINATION AFFIDAVIT OF P.W.-1 FILED UNDER ORDER 18,RULE 4: C.P.C. I, B. Jayarama Naik, S/o. Gopala Naik, aged about 41 years, Hindu, residing at D.NO:III/227/G2, Gollapalle cross road, Madanapalle, do hereby solemnly affirm and state as follows: 1. I am the Plaintiff in the above suit and Deponent herein. 2. I submit that I have filed the above suit for realization of the suit amount from the Defendant along-with interest and costs basing on the suit pronote dt: 06-02-2009 and the Plaint pleadings may kindly be read as part and parcel of this Affidavit for all material purposes. 3. I submit that on 06-02-2009, the Defendant borrowed a sum of Rs.40,000/(Rs. Forty 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. 4. Inspite of repeated demands made by me, the Defendant has been postponing to discharge the said debt along-with interest on some pretext or the other and the entire debt is still due. I also caused a legal notice dt;02-02-2012 to the Defendant calling upon him to discharge my debt, and the Defendant, for which, also the Defendant has not come forward to discharge my debt. Since the Defendant has been intentionally evading to discharge my debt, I am constrained to file this suit.

5.

It is therefore most humbly prayed that the Honble court may be pleased to Pass a Decree and Judgment in my favour and against the Defendant by directing the Defendant to pay the suit amount of Rs.68,773/- to me with interest @24%p.a, from the date of suit till realization; Award the costs of the suit; and Pass such other or further reliefs as this Honble court deems fit and proper under the Circumstances of the case, in the interest of justice. Deponent

Solemnly affirmed and signed before me on 27-02-2013 at Madanapalle. Advocate List of Documents sought to be marked as Exhibits: Ex.A-1:06-02-2009 : Ex.A-2:02-02-2012 : Original suit pronote executed by the Defendant in favour of the Plaintiff; Office copy of legal notice issued by the Plaintiff to the Defendant; Counsel for the Plaintiff

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE Plaintiff Defendant : : O.S.NO: 86/2012 B. Jayarama Naik G. Venkatramana

CHIEF EXAMINATION AFFIDAVIT OF P.W.-2 FILED UNDER ORDER 18,RULE 4: C.P.C. I, K. Chalapathi, S/o. K. Ramana, aged about 33 years, Hindu, Handloom weaver, residing at Neerugattuvaripalle, Madanapalle, do hereby solemnly affirm and state as follows: 1. I am third party to the above suit and Deponent herein. I know both the parties to the suit, as well as the suit transaction. 2. I submit that on 06-02-2009, the Defendant borrowed a sum of Rs.40,000/(Rs. Forty 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 the Plaintiff or to his order and in evidence thereof, the Defendant executed the suit pronote in favour of the Plaintiff on the even date. 3. I submit that the above transaction took place in my presence. On that date, i.e., 06-02-2009, the Defendant requested me to attend the transaction stating that he was borrowing Rs.40,000/- from the Plaintiff and requested me to attest the pronote. Accordingly, I went to the house of the Plaintiff alongwith the Defendant on that day. At the time of transaction, myself, the Plaintiff, the Defendant, One B. Sankara Naik, S/o. Narayana Naik and One K. Nagaraju, S/o. Ramana were present. In our presence, the Plaintiff lent the sum of Rs.40,000/- to the Defendant, and after counting the same, the Defendant instructed the above said K. Nagaraja to scribe the pronote. When the contents were read over to the Defendant by the scribe, it was noticed that by mistake and oversight, the scribe mentioned the month wrongly, and immediately, it was corrected properly as February which was only a bonafide mistake and the same has happened in presence of both the parties. Thereater, consenting for the same, the Defendant signed in the pronote both across the stamps and beneathe the same. After seeing the Defendant signing in Ex.A-1, the above said B.Sankara Naik and myself signed as attestors, and at the end, the said K.Nagaraja signed as Scribe. Thus, the suit transaction took place in our presence and the Defendant borrowed Rs.40,000/- from the Plaintiff and became indebted to him. Deponent Solemnly affirmed and signed before me on 27-02-2013 at Madanapalle. Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE Plaintiff Defendant : : O.S.NO: 86/2012 B. Jayarama Naik G. Venkatramana

CHIEF EXAMINATION AFFIDAVIT OF P.W.-3 FILED UNDER ORDER 18,RULE 4: C.P.C. I, K. Nagaraja, S/o. K. Ramana, aged about years, Hindu, residing at Ammacheruvu Mitta, Madanapalle, do hereby solemnly affirm and state as follows: 1. I am third party to the above suit and Deponent herein. I know both the parties to the suit, as well as the suit transaction. 2. I submit that on 06-02-2009, the Defendant borrowed a sum of Rs.40,000/(Rs. Forty 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 the Plaintiff or to his order and in evidence thereof, the Defendant executed the suit pronote in favour of the Plaintiff on the even date. 3. I submit that the above transaction took place in my presence. On that date, i.e., 06-02-2009, the Defendant requested me to attend the transaction stating that he was borrowing Rs.40,000/- from the Plaintiff and requested me to scribe the pronote. Accordingly, I went to the house of the Plaintiff on that day. At the time of transaction, myself, the Plaintiff, the Defendant, One B. Sankara Naik, S/o. Narayana Naik and K.Chalapathi were present. In our presence, the Plaintiff lent the sum of Rs.40,000/- to the Defendant, and after counting the same, the Defendant instructed me to scribe the pronote. When the contents were read over to the Defendant by me, it was noticed that by mistake and oversight, I mentioned the month wrongly, and immediately, it was corrected properly as February which was only a bonafide mistake and the same has happened in presence of both the parties. Thereater, consenting for the same, the Defendant signed in the pronote both across the stamps and beneathe the same. After seeing the Defendant signing in Ex.A-1, the above said B.Sankara Naik and K.Chalapathi signed as attestors, and at the end, I signed as Scribe. Thus, the suit transaction took place in our presence and the Defendant borrowed Rs.40,000/- from the Plaintiff and became indebted to him. Deponent Solemnly affirmed and signed before me on 27-02-2013 at Madanapalle. Advocate