2013 (11) TMI 1803

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... titioner for recovery of certain amount on the strength of a promissory note dated 20-10-2008. It was pleaded that the petitioner herein executed the promissory note in favour of the father of the respondent, and in spite of repeated demands, he did not pay the amount, covered by the promissory note. The petitioner filed a written-statement, opposing the suit. According to him, one promissory note .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Sri P.J. Victor, learned counsel for the petitioner and Sri K. Rama Koteswara Rao, learned counsel for the respondent. 4. The application, no doubt, is filed under Section 45 of the Act, and it is not uncommon that such applications are filed in the suits for recovery of money on the strength of promissory notes. However, the prayer in the I.A. is some-what peculiar. Even while not disputing hi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and dismissed the application. 5. Learned counsel for the petitioner places reliance upon the judgment of the Karnataka High Court in Ishwar v. Suresh 2010 Crl. L.J. 1510 Karnataka. That, however, was in relation to a criminal trial, where the parameters are totally different. 6. This Court is not inclined to interfere with the order under revision. If the petitioner is so advised, he can a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X