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IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVILJUDGE: MADANAPALLE

O.S.NO: 518/2009

Plaintiff : P. Shankar Bhagavan

Defendant : K. Venumadhavacharlu

CHIEF-EXAMINATION AFFIDAVIT OF D.W.-1 FILED UNDERORDER 18, RULE 1: C.P.C.

I, K. Venumadhavacharlu, S/o. K. Narasimhacharlu, agedabout 77 years, Hindu, residing at Nehru Bazar,Madanapalle town, do hereby solemnly affirm and state asfollows:

1. I am the Defendant in the above suit and Deponent herein.

2. I submit that I have not borrowed the sum of Rs.35,000/-

from the Plaintiff under the suit pronote , Ex.A-1 on 03-11-

2006 and I never agreed to repay the same with interest as

stated by the Plaintiff.

3. I further submit that I have no acquaintance with the Plaintiff

and no dealings with him at any time. I submit that the

Plaintiffs sister , One Swarajya Lakhsmi , who is residing at

Madanapalle, wanted to do money lending business and

requested me to help her to procure debtors for her Business

about 7 or 8 years back. She used to lend money at

60%p.a., over the amounts given by her. At that time, One

Ramana of Neerugattivaripalle approached me to

recommend a loan of Rs.5,000/- from her and so, I

introduced him to Swarajya Lakshmi and she accordingly,

lent the amount by obtaining a pronote for double the

amount. Later, the said Ramana failed to discharge the

amount and thereupon, the said Swarajya Lakshmi brought

the Plaintiff and told the Defendant that he is her brotherand obtained a pronote for Rs.35,000/- from me putting an

ante date and assured that it was only as a security for the

due repayment of the debt of Ramana. My signatures were

taken in empty form. I further submit that I asked the said

Swarajya Lakshmi in the month of January, 2009 to settle the

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debt of Ramana and bring the Plaintiff , but she did not

choose to do so , taking advantage of the custody of the

empty pronote for Rs.35,000/-. I submit that the obtaining of

pronote was with an ante date as 26-02-2006 and as such,

the suit pronote is barred by limitation (but not admitting the

execution). The suit pronote is manipulated and created.

The rate of interest claimed @24%p.a., is also against law. I

am not at all liable to pay any amount to the Plaintiff and if

Swarajya Lakshmi is summoned, the truth will come out.

Hence, the Plaintiffs claim is false and incorrect.4. It is therefore most humbly prayed that the Hon'ble court

may be pleased to dismiss the Plaintiffs suit with costs, in

the interest of justice.

Deponent

Solemnly affirmed and signed before me on 04-01-2012 at

Madanapalle.

Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIORCIVIL JUDGE: MADANAPALLE

O.S.NO: 518/2009Plaintiff: P. Shankar Bhagavan

Defendant : K. Venumadhavacharlu

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Affidavit of the DefendantI, K. Venumadhavacharlu, S/o. K. Narasimhacharlu,aged about 77 years, Hindu, residing at NehruBazar, Madanapalle town, do hereby solemnly

affirm and state as follows:1. I am the Defendant in the above suit and Deponentherein.2. I submit that the Plaintiff has filed the above suit for

recovery of suit amount from me on the basis of suit

pronote , with all false and frivolous allegations and I

have been contesting the matter by filing my

detailed Written Statement with true and correct

facts and the pleadings of my Written Statement

may kindly be read as part and parcel of this affidavit

for all material purposes.

3. I further submit that I have taken a specific stand

that One Swarajya Lakshmi, whose address is given

in the annexed petition is the person responsible for

creating Ex.A-1 pronote and for filing this suit against

me with false allegations and that I am not liable to

pay any amount to the Plaintiff. She is no other than

the sister of Plaintiff and he has not chosen toexamine her as a witness on his side. The evidence

of Swarajya Lakshmi is material and important to

prove my case. As the witness is close relation of the

Plaintiff , she will not come and depose in my favour

unless she is compelled to come by issuing of

witness summons as a Court-witness. If I am not

given an opportunity to examine her as a Court

witness , it will be difficult for me to substantiate my

stand. Hence, this petition.

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4. It is therefore most humbly prayed that the Hon'ble

court may be pleased to SUMMON the witness whose

particulars of morefully described in the annexed

petition, as a COURT-WITNESS to give evidence in

the above matter, for the above submitted reasons,

in the interest of justice. Or else, I will be put to

irreparable loss and serious hardship.

Deponent

Solemnly affirmed and signed before me on 02-03-2012 at Madanapalle

Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIORCIVIL JUDGE: MADANAPALLE

I.A.NO: /2012O.S.NO: 518/2009

Petitioner/Defendant : K. Venumadhavacharlu

Respondent/Plaintiff: P. Shankar Bhagavan

PETITION FILED ON BEHALF OF THE PETITIONER/DEFENDANT UNDER ORDER XVI, RULE 14 R/W.

S.151, 94(e): C.P.C.That for the reasons stated in the enclosed affidavit,

it is therefore most humbly prayed that the Hon'ble

court may be pleased to SUMMON the witness whose

particulars of morefully described hereunder, as a

COURT-WITNESS to give evidence in the above

matter, in the interest of justice. Or else, the

Petitioner will be put to irreparable loss and serious

hardship.

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Madanapalle, counsel for the

Petitioner/ Defendant

Dt:02-03-2012

Particulars of witness to be summoned:Smt. Swarajya Lakshmi, D/o. Gopalaiah Chetty, agedabout years, Hindu, residing atD.NO: , , Madanapalle.