THE HON’BLE SRI JUSTICE V.V.S.RAO SECOND APPEAL No.819 OF 2011 Dated:15.09.2011 Between: Brammarowthu Gangadhara Rao .. Appellant And Cheduri Aravinda Babu .. Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO SECOND APPEAL No.819 OF 2011 JUDGMENT: The respondent’s (hereafter, the plaintiff) suit being O.S.No.538 of 2002 for recovery of a sum of Rs.80,000/- based on a promissory note dated 30.12.1999 was decreed by the Court of the II Additional Senior Civil Judge, Kakinada. The defendant unsuccessfully filed A.S.No.248 of 2006 on the file of the Court of the IV Additional District Judge, Kakinada. The same was dismissed on 03.08.2009. In this Second Appeal, it is urged that the Courts below were in error in comparing the signature of the appellant (defendant) on Ex.A1 – promissory note with that of the signature on the written statement, while dealing with the plea raised by the appellant that the suit promissory note was forged and there was no necessity for him to borrow money. After perusing the judgments of the Courts below, this Court is not able to accept the said submission. Admittedly, the appellant did not file any application before the trial Court for sending the disputed signature on Ex.A1 to the handwriting expert. Section 73 of the Indian Evidence Act, 1872 enables the Court to compare the signatures. The Second Appeal is misconceived and is accordingly dismissed. ________________ (V.V.S. RAO, J) 15.09.2011 KH