THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4685 of 2011 DT.04.11.2011 Between: Annapavarapu Elisha Deva Dayanand … Petitioner And Jasti Nagamani W/o Ram Baby … Respondent Counsel for the Petitioner: Sri P.Rajasekhar Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4685 of 2011 ORDER: The petitioner herein is the defendant in the suit filed by the respondent/plaintiff for recovery of money based on the promissory note. The suit was initially decreed, and on appeal by the petitioner herein, it was remanded to afford opportunity to adduce evidence as to whether the plaintiff is entitled for the decree, and to permit both the parties to adduce evidence with regard to the discrepancy in the name of the defendant and pass appropriate orders regarding consideration of evidence of PW.4 as he was not tendered for cross-examination by the defence counsel in spite of permitting the defence to cross-examine PW.4. On remand, during the course of cross-examination of PW1, the defendant wanted to mark a notarised document said to have executed by the scribe PW.4, for which the plaintiff objected. The objection was sustained on the ground that the notarised affidavit of the scribe cannot be marked inasmuch as the said document is not admitted by the PW.1. I do not see any infirmity, legal or otherwise, in sustaining the said objection of the plaintiff, as the plaintiff never admitted the said notarised affidavit of the scribe. It is for the defendant to rebut the presumptions available against him under Section 118 of the Negotiable Instruments Act. The revision is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 04.11.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4685 of 2011 DT.04.11.2011 GRK