THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Second Appeal No.640 of 2009 JUDGMENT: The respondent filed O.S.No.226 of 2005 in the Court of Principal Junior Civil Judge, Proddatur, against the appellant, for recovery of certain amount. The trial Court decreed the suit, on 26.09.2006. Aggrieved thereby, the appellant filed A.S.No.74 of 2006 in the Court II Additional District Judge, Kadapa at Proddatur. The appeal was dismissed, on 12.12.2008. Hence, this Second Appeal. Heard learned counsel for the appellant and learned counsel for the respondent. The suit was filed on the basis of a promissory note, marked as Ex.A.1. The appellant did not dispute the execution of Ex.A.1. However, he stated that no consideration was received under it. Once the execution of the promissory note is admitted, the defendant, in a suit for recovery of the amount, based on a promissory note, has to establish that the consideration was not received. Obviously, without noticing this legal aspect, the trial Court proceeded to record the evidence of the respondent, on whose behalf PWs.1 to 3 were examined, and they deposed about the execution of Ex.A.1, as well as payment of consideration thereunder. Hardly, there was any evidence, on behalf of the appellant, to disprove those facts. Except the appellant, no other witnesses were examined, and he did not place any documentary evidence. The trial Court was obviously left with no alternative, and the situation did not improve before the lower Appellate Court also. While issuing notice before admission, this Court passed an order of interim stay, on condition that the appellant shall deposit half of the decretal amount and costs, within four weeks from 20.07.2009. It is brought to the notice of this Court that the condition was not complied with. Viewed from any angle, this Court does not find any basis to interfere with the concurrent findings of fact, recorded by both the Courts below. The Second Appeal is accordingly dismissed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:05.10.2009 GJ