IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.

NO:106/2011 Plaintiff : Branch Defendants Vijaya Bank, Madanapalle, reptd., by its Senior Manager, Madanapalle : M. Mohan and another.

1.

WRITTEN STATEMENT FILED ON BEHALF OF THE 1st DEFENDANT UNDER ORDER VIII, RULE 1: C.P.C. The suit filed by the Plaintiff is not maintainable either in law or on facts and the same is liable to be dismissed in limine.

2.

The allegations mentioned in the Plaint are all false and incorrect and the Plaintiff is put to strict proof of each and every allegation except those that are specifically admitted herein to be true and correct.

3.

It is true that this Defendant availed the loan of Rs.50,000/from the Plaintiff for effecting repairs to his house , on 15-042004 and executed the demand pronote dt:15-04-2004 in favour of the Plaintiff Bank. It is false to state that the 2 nd Defendant stood as guarantor to the suit transaction and that he executed the letter of guarantee in favour of the Plaintiff bank and that it is a continuing guarantee which is irrevocable until the debt is discharged. It is utterly false to state in para 5 of the Plaint that this Defendant executed the acknowledgements of liability dt:24-03-2007 and 28-02-2010 in favour of the Plaintiff Bank and failed to discharge the Plaintiffs debt inspite of demands and that the Defendants are liable to pay additional interest at 2% apartfrom regular interest and other allegations are all utterly false and incorrect.

4.

It is humbly submitted that at the time of extending of loan, the Bank people obtained the signatures of this Defendant in several papers stating that they are for formality sake and after securing of loan, he never approached the Bank people nor executed any letter of acknowledgement in their favour on 24-03-2007 and 28-02-2010. Thus, the Bank people obtained the signatures of this Defendant in blank forms in 2004 itself and having custody of the signatures of this Defendant, the Bank people seems to have forged and fabricated the alleged acknowledgements to bring their claim within limitation period and as such, the alleged forged acknowledgements can not be taken into account. Thus, the Plaintiffs claim is hopelessly barred by limitation and on this score alone, the Plaintiffs suit is liable to be dismissed in limine with costs. The signatures of the 2 nd Defendant was also obtained by the Bank people stating that he has to sign as attestor for the suit transaction and believing the same, the 2nd Defendant subscribed his signatures in the blank forms as shown by the Bank people and the 2 nd Defendant was never intended to be acting as a guarantor to the suit transaction.

5.

This Defendant submits that she is running in heavy debts and she has no capacity to discharge the suit debt. barred debt on the foot of fabricated letters The of Plaintiff also is not entitled to seek for realization of a time acknowledgements. The Plaintiff has not given correct account of the payments made by this Defendant. There are several other payments made by this Defendant to the Plaintiff Bank and if all such payments are given credit to, this Defendant will be liable to pay very lesser amount and unless and until, the Bank people come up with correct accounts, the Plaintiffs suit is not maintainable. The interest claimed by the Plaintiff is also highly usurious and

the interest is to be scaled down. The Plaintiff is not entitled to seek for penal interest of 2% as alleged in the Plaint. 6. There is no cause of action to file this suit and the alleged cause of action set out in the Plaint is only imaginary. The particulars of valuation and the court fee paid thereon are incorrect. 7. The suit is barred by limitation. The other allegations

mentioned in the Plaint are all hereby denied as false. 8. This Defendant, reserves his right to file Additional Written Statement, if necessary, at the appropriate stage with the leave of the Honble court. 9. It is therefore most humbly prayed that the Hon'ble court may be pleased to dismiss the suit with costs, in the interest of justice.

Counsel for the 1st Defendant 1st Defendant Verification The facts stated above are all read over and explained to me in Telugu and admitted herein to be true and correct to the best of my knowledge, belief and information. Madanapalle, Dt: 1st Defendant

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE O.S.NO:106/2011 Plaintiff : Branch Defendants Vijaya Bank, Madanapalle, reptd., by its Senior Manager, Madanapalle : M. Mohan and another. Affidavit of the 1st Defendant

I, M. Mohan, S/o. Muneppa , aged about 51 years, Hindu, Conductor, APSTRC, Madanapalle -2 depot, Madanapalle, do hereby solemnly affirm and state as follows: 1. I am the 1st Defendant in the above suit and Deponent herein. 2. I submit that the Plaintiff bank has filed the above suit for recover of amount from me with interest and costs, with all false allegations and I have filed my detailed Written statement with true and correct facts , and the pleadings of my Written statement may kindly be read as part and parcel of this affidavit for all material purposes. 3. I further submit that the above matter was posted to 11-062012 for filing my Written statement and as my counsel instructed me to secure some important information to prepare my Written statement and as I could not secure the same within time, my counsel could not file my Written statement on 11-06-2012 and the Honble court was pleased to set me exparte for non filing of Written statement. I humbly submit that the non filing of my Written statement before this Honble court on 11-06-2012 was neither wilful, nor wanton, but purely for bonafide reasons as submitted above. To prove my bonafides, I am submitting my Written statement before this Honble court. If an opportunity is not extended to me to contest the matter, I will suffer irreparable loss. Hence this petition. 4. It is therefore most humbly prayed that the Hon'ble court may be pleased to SET-ASIDE the EXPARTE orders dt:11-062012 passed against me by receiving my Written statement affording me an opportunity to contest the matter, in the interest of justice. Or else, I will be put to serious loss and great hardship. Deponent Solemnly affirmed and signed before me on Madanapalle at

Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVIL JUDGE: MADANAPALLE I.A.NO: /2012 O.S.NO:106/2011 Petitioner/ D-1 about 51 : M. Mohan, S/o. Muneppa , aged

years, Hindu, Conductor, APSTRC, Madanapalle -2 depot, Madanapalle Respondent/Plaintiff by its : Vijaya Bank, Madanapalle, reptd.,

Senior Branch Manager, Madanapalle PETITION FILED ON BEHALF OF THE PETITIONER/ DEFENDANT NO:1 UNDER ORDER 9, RULE 7 R/W. S. 151, 94(e): C.P.C.

That for the reasons stated in the enclosed affidavit, it is therefore most humbly prayed that the Hon'ble court may be pleased to SET-ASIDE the EXPARTE orders dt:11-06-2012 passed against the Petitioner by receiving his Written statement affording him an opportunity to contest the matter, in the interest of justice. Or else, the Petitioner will be put to serious loss and great hardship. Madanapalle, Petitioner/D-1 Dt: Encl: Written statement of the 1st Defendant counsel for the