LAWS(KAR)-2005-10-46

CANARA BANK Vs. VARA TRADING CO

Decided On October 19, 2005
CANARA BANK Appellant
V/S
VARA TRADING CO Respondents

JUDGEMENT

(1.) THIS Regular First Appeal is filed by the plaintiff-Bank questioning the correctness of the Judgment and Decree dated 11-9-1998 in O.S. 3469/90 passed by the 16th Additional City Civil Judge, Bangalore in dismissing the original suit with costs and sought for setting aside the same and prayed to pass Judgment and Decree as prayed in the suit, urging various legal contentions.

(2.) THE rank of the parties is referred to in this Judgment as per their ranking before the Trial Court for the sake of convenience.

(3.) AFTER service of summons defendants 1 to 3 appeared and contested the claim. Summons to 4th defendant could not be served as he is expired. The plaintiff-Bank failed to bring his legal representatives on record before the trial Court. Hence, the suit against 4th defendant was abated and consequently it came to be dismissed against him.