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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 theirclaim 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 2nd 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 2nd 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. The

Plaintiff also is not entitled to seek for realization of a time

barred debt on the foot of fabricated letters of

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

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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

DefendantVerification

The facts stated above are all read over and explained to mein Telugu and admitted herein to be true and correct to thebest of my knowledge, belief and information.

Madanapalle, 1st DefendantDt:

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVILJUDGE: MADANAPALLE

O.S.NO:106/2011

Plaintiff : Vijaya Bank, Madanapalle, reptd., by its SeniorBranch

Manager, Madanapalle

Defendants : M. Mohan and another.

Affidavit of the 1st Defendant

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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 11-06-

2012 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:11-06-

2012 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 at

Madanapalle

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Advocate

IN THE COURT OF THE 1ST ADDITIONAL JUNIOR CIVILJUDGE: MADANAPALLE

I.A.NO: /2012O.S.NO:106/2011

Petitioner/ D-1 : M. Mohan, S/o. Muneppa , agedabout 51

years, Hindu, Conductor, APSTRC,Madanapalle -2 depot, Madanapalle

Respondent/Plaintiff : Vijaya Bank, Madanapalle, reptd.,

by itsSenior 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.

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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, counsel for the

Petitioner/D-1Dt:

Encl:

Written statement of the 1st Defendant