HONOURABLE SRI JUSTICE A. GOPAL REDDY SECOND APPEAL No:1386 OF 2010 JUDGMENT: This appeal is directed against the Decree and Judgment dated 5.8.2010 made in A.S.No.49 of 2008 by the learned I Additional District Judge, Machilipatnam, Krishna District, confirming the Decree & Judgment dated 17.3.2008 made by the learned Senior Civil Judge, Machilipatnam, Krishna District, in O.S.No:145 of 2003. The appellant herein is the 1st defendant and the 1st respondent is the plaintiff and respondents 2 to 5 are defendants 2 to 5 in the suit. For the sake of convenience, the status of the parties will hereinafter be referred to as arrayed in the suit. Originally, the plaintiff filed the above suit for recovery of Rs.2,60,022/- towards principal and interest in respect of chit transaction. Defendants 1 to 3 filed separate written statements. D4 and D5 filed a memo adopting the written statement of the 1st defendant. The 1st defendant denied the execution of chit agreement and the payment of subscription as pleaded in the plaint and allotment of ticket No.25 to him whereas defendants No.2 and 3 denied about standing of guarantee to the 1st defendant. The trial Court decreed the suit. Hence, defendants 1, 4 & 5 carried the matter in appeal and the said appeal was also dismissed. Hence, the present second appeal has been filed by the 1st defendant. Heard the learned Counsel and perused the material available on record. It is not in dispute that the appellant-1st defendant filed I.A.No.381 of 2010 for grant of instalment decree at Rs.1,000/- per month after deducting Rs.40,000/- from out of the amount payable as there is calculation error whereas it is the case of the plaintiff that an amount of Rs.40,000/- was paid on 18.3.2004 under Ex.B2 and the said payment has already been deducted by the lower Court while passing the decree and the suit was decreed only for an amount of Rs.2,20,022/-. During pendency of the appeal, the appellant- defendant sought for instalment decree at the rate of Rs.1,000/- per month whereas the subscription of chit is Rs.10,000/-per month. Under those circumstances, the Courts below are not inclined to grant instalment decree. Therefore, it is not open for the appellant-defendant to complain that the suit is not maintainable and the person, who filed the suit is not duly authorized to file the suit and such complaints cannot be entertained at this stage. Accordingly, the Second Appeal is dismissed at the admission stage. ________________________ Justice A. Gopal Reddy Dated:21.1.2011 Nn. THE HON'BLE SRI JUSTICE A. GOPAL REDDY SECOND APPEAL No:1386 OF 2010 21.1.2011