IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE Plaintiff : Defendant O.S.NO: 518/2009 P.

Shankar Bhagavan : K. Venumadhavacharlu

CHIEF-EXAMINATION AFFIDAVIT OF D.W.-1 FILED UNDER ORDER 18, RULE 1: C.P.C. I, K. Venumadhavacharlu, S/o. K. Narasimhacharlu, aged about 77 years, Hindu, residing at Nehru Bazar, Madanapalle town, do hereby solemnly affirm and state as follows: 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 03-112006 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. Ramana of She used to lend money at approached me to 60%p.a., over the amounts given by her. At that time, One Neerugattivaripalle 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 brother and 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

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 Madanapalle. at

Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE Plaintiff: O.S.NO: 518/2009 P. Shankar Bhagavan K. Venumadhavacharlu

Defendant :

Affidavit of the Defendant I, K. Venumadhavacharlu, S/o. K. Narasimhacharlu, aged about 77 years, Hindu, residing at Nehru Bazar, Madanapalle town, do hereby solemnly affirm and state as follows: 1. I am the Defendant in the above suit and Deponent herein. 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 to examine 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.

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 02-032012 at Madanapalle Advocate IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE I.A.NO: /2012 O.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, hardship. in the interest of justice. Or else, the Petitioner will be put to irreparable loss and serious

Madanapalle, Petitioner/ Defendant Dt:02-03-2012

counsel for the

Particulars of witness to be summoned: Smt. Swarajya Lakshmi, D/o. Gopalaiah Chetty, aged about years, Hindu, residing at D.NO: , , Madanapalle.