HON'BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.935 of 2011 JUDGMENT: This second appeal is filed against the judgment and decree of the learned VII-Additional District Judge (Fast Track Court), Guntur, dated 01.04.2011 passed in A.S.No.374 of 2010 whereunder the learned Judge confirmed the judgment and decree of the learned III-Additional Senior Civil Judge (Fast Track Court), Guntur, dated 12.07.2010 passed in O.S.No.378 of 2005. Appellant herein is the defendant. Respondent herein is the plaintiff. For the sake of convenience, the parties would be referred to as they were arrayed in the suit. Brief facts for disposal of this appeal are as follows: The plaintiff filed the aforesaid suit on the foot of a promissory note said to have been executed by the defendant for a sum of Rs.1,50,000/- on 05.05.2004 agreeing to repay the same with interest at 24% per annum. The said suit was contested by the defendant by filing written statement. It is contended that the plaintiff has no capacity to lend the suit pronote amount to defendant and no consideration whatsoever was paid to the defendant by the plaintiff under the suit pronote. Hence, the defendant sought for dismissal of the suit. During trial, on behalf of the plaintiff, he examined himself as P.W.1 and one of the attestors to the pronote was examined as P.W.2 and Exs.A1 to A5 were marked. On behalf of the defendant, he examined himself as D.W.1 and no document whatsoever was exhibited on his behalf. The trial Court, on a consideration of the rival contentions and also the entire material available on record, decreed the suit directing the defendant to pay a sum of Rs.1,92,000/- with subsequent interest at 12% per annum on the principal amount of Rs.1,50,000/- from the date of suit till the date of decree and future interest at 6% per annum on the decree amount from the date of decree till the date of realization. Against the said judgment and decree, the defendant carried the matter in appeal and the lower appellate Court dismissed the appeal confirming the judgment and decree of the trial Court, by judgment dated 01.04.2011. Against which the present second appeal has been preferred by the defendant. Heard the learned Counsel for the appellant and perused the impugned judgments. The defence that was set up by the appellant-defendant is that the respondent-plaintiff used to maintain private chit fund business and he was one of the members of the chit group for the value of Rs.75,000/- and that he was constrained to execute the suit promissory note while receiving the prize money after he became the successful bidder in the auction of the chit. The trial Court as well as the appellate Court concurrently disbelieved the said defence set up by the appellant-defendant and accordingly decreed the suit against the appellant-defendant. The evidence of P.Ws.1 and 2 clearly go show that the appellant-defendant received the consideration of Rs.1,50,000/- from the respondent-plaintiff and that he executed Ex.A1 suit pronote in favour of the respondent-plaintiff and, therefore, Ex.A1 pronote is supported by consideration. The trial Court on a proper appreciation of the evidence on record, decreed the suit, which was rightly confirmed by the lower appellate Court on re-appreciation of evidence. This Court sitting under Section 100 of the Code of Civil Procedure is loath to re-appreciate the evidence and come to a different conclusion. I, therefore, do not find any question of law, much less, any substantial question of law, in this appeal. The Second Appeal, therefore, fails and is accordingly dismissed. However, the appellant-defendant is granted three months time to pay the decretal amount along with interest in three equal monthly instalments. The 1st instalment shall be paid by 15th December, 2011; the 2nd instalment shall be paid by 15th of January, 2012 and the 3rd instalment shall be paid by 15th of February, 2012. In default of payment of any of the said amount, the respondent-plaintiff is entitled to seek his legal remedies to execute the impugned order. No costs. _________________________ JUISTICE V.ESWARAIAH 04.11.2011 Gsn.