Bench: K Swami, L S ReddyORDERK. This appeal by the plaintiff is preferred against the judgment and decree dated passed by the learned XII Additional City Civil Judge, Bangalore City, in O.S. Respondents-1 to 3 are defendants 1 to 3 in the aforesaid suit.
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In this judgment the appellant will be referred to as the plaintiff and respondents 1 to 3 as defendants 1 to 3.1.1. The aforesaid suit was filed for recovery of a sum of Rs.
32,234/- from defendants 1 and 2 on the basis of the pronote dated 10-9-1980 executed by defendants 1 and 2 for a sum of Rs. 20,000/- in favour of defendant-3 and also on the basis of Ex.P.3 executed by defendant-3 in favour of the plaintiff for a valid consideration, assigning the debt due under the pronote dated 10-9-1980 F-x.P.3.1.2. The case of the plaintiff was that defendants-1 and 2 borrowed a sum of Rs. 20,000/- on 10-9-1980 from defendant-3 executing a pronote for the said sum and further agreeing to pay interest at 1.75 per cent per month; that defendant-3 assigning the pronote debt on 30-6-1983 in favour of the plaintiff on receiving the amount due under the pronote; that the plaintiff issued notice dated 2-7-1983 as per Exhibit P.1 calling upon defendants-1 and 2 to pay the debt due under the pronote and further informed themthat the pronote in question was assigned to him for consideration. Defendants-1 and 2 sent a reply dated 27-7-1983 denying the execution of the pronote.
Therefore, the plaintiff filed the aforesaid suit on 8-8-1983 for recovery of a sum of Rs. 32,234, - with costs.2. Defendants-1 and 2 resisted the suit. They, inter alia, contended that they had no transaction with defendant-3, that their father Venkategowda died in the year 1979 and in the year 1980 they were told by K. Siddalingaiah, who died on; that their father was due to him in a sum of Rs.
20,000/ -; that believing the words of K. Siddalingaiah they affixed their signatures to the document on 9-2-1980. They also further alleged that on the suggestion of late K. Siddalingaiah the name of S.