- (1.) The defendant in O.S.No. 2040 of 1978 on the ale of the Subordinate Judge, Vijayawada is the appellant in this appeal.
(2.) The respondent had filed suit for recovery of Rs.15,000/- with interest at the rate of 12% per annum in total Rs.16,940/- alleging that the appellant on 15-06-1977 had borrowed that amount for discharge of sundry debts and for getting the accident lorry repaired and executed a pronote Ex.A-1 in his favour on the same day. The defendant did not return the amount in spite of notice and therefore, he has filed the suit for recovery of the same.
(3.) The defendant in his written statement has denied that on 15-06-1977 he had executed a pronote in favour of the respondent. He has denied the signature on the pronote Ex.A-1. He denied that he had to pay sundry expenses and needed money for getting the accident lorry repaired. He alleged that the respondent had no capacity to pay Rs.15,000/- on that date. He further pleaded that he had once obliged the respondent to become village Munsif of Poranki for a limited period of three months and for that he had asked his brother who was the village Munsif of Poranki to go on leave. Thereafter, he again wanted his brother to extend the leave for three more months to which his brother did not agree. Therefore, he had fabricated the pronote Ex.A-1 forging the signature. He prayed that the suit should be dismissed.;