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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.
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