Os 54 -12(Ramanjulu Naik vs p. Reddeppa)

7/27/2019 Os 54 -12(Ramanjulu Naik vs p. Reddeppa)

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IN THE COURT OF THE JUNIOR CIVILJUDGE: MADANAPALLE

O.S.NO: /2012

Plaintiff : B. Ramanjulu Naik

Defendant : P. Reddeppa

DUPLICATE PLAINT FILED ON BEHALF OFTHE PLAINTIFF UNDER ORDER IV, RULE

1: C.P.C.1. Plaintiff : B. Ramanjulu Naik, S/o.Gopala Naik, aged about years, Hindu,

residing at Society, Madanapalle.

The address of the Plaintiff is as statedabove and also care ofSri B. Bhujanga Rao, B.Sc,LLB,M.Venkatappa, BA,LLB,B. Chandra SekharRao,BA,LLB,M.N.Nagalakshmi,BAL,BL,G.Manohara, BA,LLB,Advocates, Madanapalle.

2. Defendant : P. Reddeppa, S/o.Gangulappa, aged about years, Hindu,

residing at D.NO:III/147/2/223,

Chandra Colony, B.K.Palle village,Madanapalle.

The address of the Defendant is asstated above for all purposes of serviceof process, summons, etc., issued fromthis Honble court.


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3. The Plaintiff humbly submits that on 03-

02-2009, the Defendant borrowed a sumof Rs.50,000/- (Rs. Fifty 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:24-

06-2011 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.


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5. The cause of action for this suit arose on

03-02-2009, when the Defendant

borrowed Rs.50,000/- 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:24-

06-2011 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:03-

02-2009: Rs.50,000/-

Interest on Rs.50,000/- @24%p.a.,

from 03-02-2009 to 01-02-2009 :

Rs.35,933/-

Total :

Rs.85,933/-


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The value of the suit for purpose of court

fee and Jurisdiction is Rs.85,933/- and a

court fee of Rs. /- is paid under S.20

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.85,933/- 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

under the Circumstances of the case,

in the interest of justice.


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Counsel for the Plaintiff

Plaintiff

VerificationThe facts stated above are all read overand explained to me in Telugu andadmitted herein to be true and correct tothe best of my knowledge, belief andinformation.

Madanapalle,Plaintiff

Dt:02-02-2012List of Documents:

1. 03-02-2009 : Original suit pronoteexecuted by the Defendant in favour

of the Plaintiff;2. : Xerox copy of Document no:1.3. 24-06-2011 : Office copy of legalnotice issued by the Plaintiff to the

Defendant;


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IN THE COURT OF THE JUNIOR CIVIL

JUDGE: MADANAPALLE

O.S.NO: /2012



Affidavit of the Plaintiff Filed U/s. 26(2):C.P.C.

I, B. Ramanjulu Naik, S/o. Gopala Naik,aged about years, Hindu, residing atSociety, Madanapalle , do herebysolemnly affirm and state as follows:1. I am the Plaintiff in the above suit andDeponent herein.

2. I submit that I have filed the above suit forrealization of the suit amount from the

Defendant along-with interest and costs

basing on the suit pronote dt: 03-02-


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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 03-02-2009, the

Defendant borrowed a sum of Rs.50,000/-

(Rs. Fifty 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 theentire debt is still due. I also caused a

legal notice dt;24-06-2011 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


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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.85,933/- 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.

DeponentSolemnly affirmed and signed before me

on 02-02-2012 at Madanapalle.

Advocate


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SUIT SUMMONS

IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE

O.S.NO: /2012


Defendant : P. ReddeppaTo:Defendant:

P. Reddeppa, S/o. Gangulappa, aged about years, Hindu,

residing at D.NO:III/147/2/223, Chandra Colony, B.K.Palle village, Madanapalle

Where as the Plaintiff has instituted a suit against you as prayed for in the plaint copy is enclosed herewith ,you

are hereby summoned to appear this court in person or by a pleader duly instructed and able to answer all material

questions relating to the suit or who shall be accompanied by some person able to answer all material questions

relating to the suit or who shall be accompanied by some person able to answer all such questions on the

day of 200 at 10-30am., to answer the claim and as the day fixed or your final

disposal of the suit , you must be prepared to appearance is appointed for the settlement of issue , you are directed

witnesses upn whose evidence to be produced on that all document upon which you intend relyin support of your defence. Take notice that in default of your appearance on the day before mentioned , the suit

will be heard and determined in your absence. Also take notice that in default of your filing an address for service


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before the day mentioned, you are liable to have your defence struckout given under my hand and the seal of this

court, this day,

Advocate for plaintiff.

Date:- Dy.Nazar.

SUIT SUMMONS

IN THE COURT OF THE JUNIOR CIVIL JUDGE: MADANAPALLE

O.S.NO: /2012


Defendant : P. ReddeppaTo:Defendant:

P. Reddeppa, S/o. Gangulappa, aged about years, Hindu,

residing at D.NO:III/147/2/223, Chandra Colony, B.K.Palle village, Madanapalle

Where as the Plaintiff has instituted a suit against you as prayed for in the plaint copy is enclosed herewith ,you

are hereby summoned to appear this court in person or by a pleader duly instructed and able to answer all materialquestions relating to the suit or who shall be accompanied by some person able to answer all material questions

relating to the suit or who shall be accompanied by some person able to answer all such questions on the

day of 200 at 10-30am., to answer the claim and as the day fixed or your final

disposal of the suit , you must be prepared to appearance is appointed for the settlement of issue , you are directedwitnesses upn whose evidence to be produced on that all document upon which you intend rely

in support of your defence. Take notice that in default of your appearance on the day before mentioned , the suit

will be heard and determined in your absence. Also take notice that in default of your filing an address for service

before the day mentioned, you are liable to have your defence struckout given under my hand and the seal of thiscourt, this day,

Advocate for plaintiff.

Date:- Dy.Nazar.

IN THE COURT OF THE JUNIOR CIVIL JUDGE : MADANAPALLE

O.S.NO: /2012



Payment into Cash Process Service Application filed on behalf of the Plaintiff

Nature ofApplication

S.NO: Name Address T.A. Subsistenceallowance

Process

P. Reddeppa, S/o.


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Suitsummons

toDefendant

1

Gangulappa, aged aboutyears, Hindu, residing atD.NO:III/147/2/223,Chandra Colony, B.K.Pallevillage, Madanapalle.

TOM TOMM.O. Counsel for the Plaintiff

P. Reddeppa, S/o. Gangulappa,

aged about years,Hindu, residing atD.NO:III/147/2/223, Chandra Colony,B.K.Palle village, Madanapalle.


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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.85,933/- to me with interest @24%p.a,

from the date of suit till realization; Award the costs of thesuit; 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 21-08-2012 at

Madanapalle.

Advocate

List of Documents:

Ex.A-1:03-02-2009 :Original suit pronote executed by theDefendant in favour of the Plaintiff;

Ex.A-2: 24-06-2011:Office copy of legal notice issued by thePlaintiff to

the Defendant;

counsel for the Plaintiff


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Os 54 -12(Ramanjulu Naik vs p. Reddeppa)

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Transcript of Os 54 -12(Ramanjulu Naik vs p. Reddeppa)