1. The description of the plaintiff: AB, s/o PQ, Age 37 years old, resident of…………………… The address of the plaintiff for service is that of his advocate which is as follows :
Sri P. Ananta Rao,
3rd Lane, Hanuman Pet, Nellore.
2. The description of the defendant: CD, s/o XY (or not known), age said to be 41 years old, resident of………… which is the address of the resident for service.
The plaintiff submits as follows:
(a) The above named Defendant borrowed on 22.9.1984 on a promissory note a sum of Rs. 20,000/- (Twenty thousand only) at Kavali from the plaintiff agreeing to repay the same with interest at 24% per annum, as and when demanded by the plaintiff.
Agreeing to repay the same with interest at 24% per annum, as and when demanded by the plaintiff.
(b) Despite several oral demands and despite notice by the plaintiff on (date of notice, if any) 8-10-86, the defendant failed to discharge the money covered by the pronote.
(c) The plaintiff now claims the same with interest at 12% per annum only scaling down interest from 24% per annum.
3. The suit is within the period of limitation.
4. The course of action arose at Kavali on 22.9.1984 as well as on 18.10.1986 (the date of the demand notice)
5. The plaintiff values the suit as follows:
(i) Value of the suit pronote:
(ii) Interest from the date of pronote till the date of suit for (years and days from date of pronote till date of suit)….
A court fee of Rs…….. is paid on the total value of Rs…..
6. The plaintiff therefore humbly prays for
(a) A decree for the suit amount
(b) A decree for interest at 125 p.a on the principal amount from the date of the suit till realization,
(c) A decree for costs of the suit and
(d) Such other reliefs as the court deems fit and proper.
Signature of the plaintiff/Advocate for the plaintiff
I, AB declare that the statement made in paras 1 and 3 to 6 are true to my knowledge and that para 2 of the plaint is true to my knowledge except for the father’s name and age of the Defendant. The father’s name and age of the Defendant as mentioned in para 2 of the plaint is true to the best of my knowledge.
Signature of the plaintiff.
List of the Documents filed by the plaintiff:
(1) Pronote dated for Rs…… executed by the defendant in favour of the plaintiff.
(2) Notice dated….. issued by the Advocate of the plaintiff to the defendant.
(3) Postal acknowledgment for the notice.
(4) Postal Receipt of the notice.
Signature of the advocate for the plaintiff
The sole defendant submits through the written statement as follows:
1. The defendant submits that he denies all the allegations made in the plaint except those averments which are specifically admitted by the Defendant.
2. The defendant admits that he executed the pronote as alleged in the plaint. However, the defendant submits that the consideration of the pronote did not fully pass to the defendant. The defendant begs to submit that taking advantage of the defendant’s urgent need for financial help, the plaintiff paid only Rs. 15,000/- (fifteen thousands only) and made the defendant sign the pronote for Rs. 20,000/- (twenty thousand). Thus, the suit pronote is not supported by consideration to a tune of Rs. 5,000/- (five thousand).
3. The defendant further submits that he discharged the suit claim on 22.4.1986 at Gudur by paying Rs. 20,000/- (with interest) to the plaintiff in discharge of the debt. The plaintiff stated at that time that he misplaced the pronote and would later return it to the defendant after he traced it. Instead, the plaintiff falsely laid the suit.
4. The defendant therefore prays that the suit may be dismissed with exemplary costs.