THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1530 OF 2010 DT.5.8.2011 Between: Kallu Konda Reddy … Petitioner And Yeluri Parvathamma … Respondents Counsel for the Petitioner: Sri G L Nageshwara Rao Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1530 OF 2010 ORDER: The petitioner herein is defendant. The plaintiff-respondent herein filed a suit on 16.12.2008 in O.S. No. 68 of 2009 on the file of the II Additional Junior Civil Judge, Guntur for recovery of amount based on a pronote executed by the defendant on 15.12.1996 and subsequent endorsements dated 15.12.1999, 15.12.2002 and 16.12.2005. For the sake of convenience, the parties are referred to as they are arrayed in the suit. The case of the petitioner-defendant is that though part payment was made on 15.12.2005, it was wrongly written as 16.12.2005, therefore the suit was barred by limitation. The defendant has not taken this plea before the Court below. On consideration of the matter, the Court below did not find favour with the contention of the defendant and dismissed the application declining to reject the plaint as time barred one. Hence, the present revision. Heard the learned counsel for petitioner and perused the material available on record. Whether the actual payment made by the defendant is on 15.12.2005 or on 16.12.2005 is a matter of enquiry to be conducted and it is open for the petitioner to raise the same during the course of enquiry. Therefore, this Court does not see any infirmity legal or otherwise in the order under revision warranting interference of this Court. In the circumstances, the revision fails and the same is dismissed. No costs. ______________ V. ESWARAIAH,J DATE: 5.8.2011 tvk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 1530 OF 2010 DATE: 5.8.2011