IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4256 of 2009 Petition under Section ____ of CPC., to revise/against the order dated ______ in NO : of 0 on the file of the court of the Between: G. Prabhakar Naidu S/o Yeraiah Naidu R/o Chennaupativaripalle Village Kavetlagaripalle, Pulicherla Village Chittoor District ..... PETITIONER AND K.Venkatappa Naidu S/o Chengamma Naidu R/o Gottigintivaripalle, Kavetigaripalle Pulicherla Mandal Chittoor District .....RESPONDENT Counsel for the Petitioner:MR.POTTIGARI SRIDHAR REDDY Counsel for the Respondent No.: . The Court made the following : Form-NIC-OGS/CRP{TSSB} THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4256 of 2009 ORDER: The petitioner is the defendant. The respondent is the plaintiff who filed the suit in O.S.209/2009 on the file of the Junior Civil Judge, Pakala, Chittoor District for recovery of money based on promissory note dated 20.08.2002, said to have been executed by the defendant. The defendant filed written statement stating that he never borrowed the suit amount of Rs.5,000/- from the plaintiff and he never executed the suit promissory note in favour of the plaintiff on 20.08.2002 by promising to repay the same with interest at the rate of 24% p.a. It is stated that the plaintiff created the suit promissory note with the help of his henchmen i.e. scribe and attesters to get wrongful gain for himself from the defendant. It is further stated that no consideration was passed under the said promissory note in the presence of the attesters and the scribe and the plaintiff has no capacity to lend the said amount, and there was no necessity for the defendant to borrow any amount from the plaintiff. After commencement of the trial, the defendant filed I.A.147/2009 for amendment of the written statement taking a plea that the suit promissory note dated 20.08.2009 is a forged and fabricated document. I am of the opinion that the pleadings taken in the written statement are enough to raise a contention that the suit document is created by the plaintiff and therefore it is a forged one. It is always open for the defendant to establish his pleas, as taken in the written statement, and therefore, there is no need to amend the written statement stating that the suit promissory note is forged and fabricated. Therefore, the plea of forgery can as well be established during course of trial. In that view of the matter, I am not inclined to interfere with the order of the Court below. The Civil Revision Petition is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 09.10.2009 Dsr