- Janardhana Naidu, S/o. Krishnaiah residing at D.No. 249, Netaji Road, Tirupati, borrowed Rs. 25,000 agreeing to pay 24% on 26th Feb, 2008 from G. Srinivasa Yadav, S/o. Ramaiah at D.No. 247, Netaji Road and executed a promissionary note. The promissionary note was scribed by K. Venkatasubbaiah a document writer in Tirupati and attested by a K. Damodhar Reddy and M. Subramanyam Naidu.
- Srinivasa Yadav made demands for the Repayment of the loan and also caused a lawyers notice dated 04.01.2011 to be send to S. Janardhana Naidu.
- Janardhana Naidu who received the notice on 27.01.2011 neither paid the amount nor did he respond to the notice on 20th February, 2011. G.Srinivasa Yadav filed a suit for the recovery of the debt Draft the plaint.
ORDER-6, RULE-17, SECTION-26
In the court of the Junior Civil Judge of Tirupati.
O.S. No …………………/2011
Srinivasa Yadav …….. Plaintiff
Janardhan Naidu ……. Defendant
Plaint filed on behalf of the plaintiff under order VII Rule-10 and long cause title.
- Srinivasa Yadav, S/o. Ramaiah aged 45 years, Hindu business, residing at D.No. 247, Netaji Road, Tirupati, within jurisdiction of this honourable court.
The address for services of notices etc. on the plaintiff is as stated above and come of ……………… advocate, Tirupati.
- Janardhan Naidu, S/o. Krishnaiah, 40 years, Hindu, Business, residing at D.No. 249, Netaji Road, Tirupati within jurisdiction of honourable court.
The address for service of process etc. on the defendant as stated above.
(3) Defendant borrowed a sum of Rs. 25,000 on 26.02.2008 and is consideration there of executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest at 24% per annum.
(4) The plaintiff made several demands on the defendant for the repayment of the debt. The plaintiff also caused a registered lawyer‟s notice dated 04.01.2011 to be sent to the defendant did not respond.
(5) The plaintiff submits that the defendant is not an agriculturist and he is not entitled to the benefits under any of the debt relief of law.
(6) Cause of Action: For this suit arose on 26.02.2008 at Tirupati, within the jurisdiction of this honourable court.
(7) The plaintiff values this suit for the purpose of court fee and jurisdiction of 39,000/- and pays a court fee of 1.666 under section 20 of A.P. Court fee and suits valuation Act.
(8) Particulars of Valuation
Principal borrowed 25,000
Interest 24% p.a from 26.02.2008 to 20.02.2011 14,000
Court fee paid there on relief 1,666
(9) It is therefore, prayed that the honourable court may be pleaded to pass a judgement and decree against the defendant and in favour of the plaintiff.
(10) Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on with further interest at the contact rate till the date of realization.
(11) Awarding the plaintiff the cost of this suit and
(12) Passing such further or other order as the honourable court may deem. Fit and proper in the circumstance of the case.
x x x x x x x x
Advocate for the plaintiff Plaintiff
Verification I the plaintiff, to hereby declared that the facts stated above true and correct to the best of my knowledge, information and belief.
List of document filed
- Documents original promissory note executed by the defendant.
Special plaints in suits by a licensor against his licencee by a notice as per the licence agreement.