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    Mahesh Kumar
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    of 3

    PJCJC, KPM 1 O.S. No.

    225/2023

    Fair
    IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE:: KUPPAM
    Present: Smt. AREEFA SHAIK,
    Principal Junior Civil Judge, Kuppam
    Monday, this the 4th day of March, 2024.

    ORIGINAL SUIT No. 225 of 2023


    Between:-

    T.V.Chandrakumar, S/o Venkatappa Chetty aged about 49 years, residing at


    Thummasi village, No.130 Nadimpalli post Santhipuram Mandal, chittoor District.
    … Plaintiff

    And:-

    S.Prasad, S/o Srinivasulu, aged about 41 years, presently residing at Abakaladoddi


    colony, C/o Kumari, Near Church, No.130 Nadimpalli post, Santhipuram Mandal,
    chitoor District.

    … Defendant

    The Suit is coming on 29.02.2024 for final hearing before me in the presence

    of Smt A.Haritha, Advocate for Plaintiff and the defendant having remained

    exparte, and after hearing arguments and having stood over for consideration till

    this day, the Court delivers the following:

    JUDGMENT

    This is a suit filed by the plaintiff against the defendant for recovery of

    an amount of Rs.1,21,600/-(Rupees one lakh twenty one thousand six hundred

    only) basing on the suit promissory note dated 10.09.2021 executed by the

    defendant in favour of the plaintiff on the principal amount of Rs.80,000/- (Rupees

    eighty thousands only)and for costs.

    02. The brief averments of the plaint are as follows:

    The defendant borrowed an amount of Rs.80,000/- (Rupees eighty

    thousands only) from plaintiff on 10.09.2021 for his urgent family necessities and

    executed a promissory note in favour of plaintiff on the same day and agreeing to

    repay the same with interest at the rate of 24% per annum either to the plaintiff or

    to his order on demand. In spite of several demands made by the plaintiff, the

    defendant did not repay the said debt due under the said promissory note. The
    PJCJC, KPM 2 O.S. No. 225/2023

    plaintiff got issued legal notice to the defendant on 25.07.2023 and the same was

    returned on 03.08.2023 but the defendant neither replied nor discharged the debt

    due under the suit promissory note. Hence, the suit.

    3. Summons was issued to the defendant through Court and registered

    post. Service of summons held sufficient. The defendant called absent. No

    representation on his behalf. Hence, the defendant was set exparte.

    4. On behalf of the plaintiff, the plaintiff himself got examined as Pw.1

    and got marked Exhibits A1 to A4. Exhibit A1 is the suit promissory note dated

    10.09.2021 for Rs.80,000/-. Exhibit A2 is the office copy of legal notice dated

    25.07.2023. Ex.A3 is the postal receipt dated 25.07.2023. Ex.A4 is the returned

    registered postal cover dated 03.08.2023. The learned counsel for the plaintiff

    reported no further evidence and hence, the plaintiff side evidence was closed.

    5. Heard the learned Advocate for Plaintiff. Perused the record.

    6. Now the point for consideration is that Whether the plaintiff is

    entitled for recovery of entire suit amount from defendant as prayed for ?

    7. POINT:

    On perusal of the material on record, the plaintiff contended that the

    defendant has borrowed an amount of Rs.80,000/- (Rupees eighty thousands only)

    from the plaintiff on 10.09.2021 and executed Exhibit A1 suit promissory note

    agreeing to repay the same with interest at 24% per annum. Summons was served

    on the defendant, but the defendant failed to appear before this court and hence,

    he was set exparte. As the defendant is set exparte, the oral and documentary

    evidence on record remained unchallenged. The plaintiff by marking Exhibits A1 to

    A4 and by examining himself as Pw.1 has proved his case. Hence, I am of the

    considered opinion that the plaintiff is entitled for decree, as prayed for.

    Accordingly, Point is answered in favour of the plaintiff.


    PJCJC, KPM 3 O.S. No. 225/2023

    08. In the result, suit is decreed with costs in favour of plaintiff and

    against the defendant, directing the defendant to pay a sum of Rs.1,21,600/-

    (Rupees one lakh twenty one thousand six hundred only) to plaintiff with interest

    at the rate of 12% per annum from the date of the suit to till the date of decree and

    thereafter at the rate of 6% per annum till the date of realization on principal

    amount of Rs.80,000/- (Rupees eighty thousands only).

    Typed to my dictation by the stenographer-III, corrected and pronounced by


    me in open Court, this the 4th day of March, 2024.

    Sd/-Areefa Shaik
    PRINCIPAL JUNIOR CIVIL JUDGE,
    KUPPAM

    APPENDIX OF EVIDENCE
    WITNESSES EXAMINED

    FOR PLAINTIFF: FOR DEFENDANT:


    PW.1:T.V.Chandrakumar EXPARTE

    EXHIBITS MARKED
    FOR PLAINTFF:

    Ex. A1: Suit promissory note dated 10.09.2021 for Rs.80,000/-.


    Ex. A2: Office copy of legal notice dated 25.07.2023.
    Ex.A3: Postal receipt dated 25.07.2023.
    Ex.A4: Returned registered postal cover dated 03.08.2023

    FOR DEFENDANT:

    NIL

    Sd/-Areefa Shaik
    PRINCIPAL JUNIOR CIVIL JUDGE,
    KUPPAM

    //True copy//

    PRINCIPAL JUNIOR CIVIL JUDGE,


    KUPPAM

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