IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE TWENTYFIFTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION NO. 4199 OF 2014 Between:
M. Rami Reddy … Petitioner/Defendant V/s.
K. Venkata Subba Reddy … Respondent/Plaintiff Counsel for Petitioner : Sri K. Goverdhan Reddy Counsel for Respondent : Sri C.Prakash Reddy The court made the following : [order follows] HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION NO. 4199 OF 2014 O R D E R :
Heard both sides.
2. The Revision Petitioner herein is the defendant. The respondent herein filed OS.No. 50 of 2012 on the file of Senior Civil Judge’s Court, Nandikotkur, Kunrool district for recovery of money basing on the pronote said to have executed by the Revision Petitioner herein dated 07/2/2010.
3. The allegation of the plaintiff is that defendant having borrowed Rs.5,00,000=00 [Rs. Five Lakhs only] executed promissory note in his favour. The petitioner seems to have denied the signature and hand writing. Now he has taken a plea that the stamps on the pronote were not in circulation in the year 2010 and for determining the same, the document may be sent to the Indian Security Press, Nasik to certify the date or period during which the two revenue stamps on the document were in circulation.
4. As seen from the contentions of the written statement, the Revision Petitioner herein seems to have taken a specific stand that the two revenue stamps affixed on the suit pronote were not printed by the Government before 07/2/2010 and they were not circulated in the State of Andhra Pradesh. Though specific plea was taken but the pronote shows that the learned Senior Civil Judge has observed that no such pleas were taken in the written statement about the genuineness or other wise of the year of printing of stamps.
5. In the above circumstances, the impugned order is set aside and the matter is remanded back to the lower court for fresh consideration. It is left open to the Revision Petitioner to file any other document in support of his contention including the stamps those were in circulation before 07/2/2010.
6. Subject to the above observation made supra, this Civil Revision Petition is allowed. No costs.
7. As a sequel, miscellaneous petitions if any, pending in this Civil Revision Petition shall stands closed.
JUSTICE B. CHANDRA KUMAR .
25/11/2014
I s L
HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION NO. 4199 OF 2014 Circulation No. Date: 25/11/2014 Court Master : I s L Computer No. 43