REVANSIDDAYYA Vs. THE STATE BANK OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Petitioner is aggrieved by the order of the learned Prl. Civil Judge and JMFC at Gulbarga passed on I.A. II filed by the petitioner under order 7 Rule 11(d) of CPC, which has been rejected by the court below by its order dated 22.08.2015.

(2.) The case of the petitioner is that the plaintiff who is the respondent herein had advanced loan on the mortgage 100 bags of turdal and that the respondent -Bank approached the Permanent Lok Adalath by way of filing a suit in O.S. No. 142/2014 for settlement of the dispute regarding non -payment based on the agricultural demand loan agreement dated 27.01.2010. That the petitioner had also executed an on demand promissory note and under the demand promissory note the petitioner had agreed to repay the loan amount with interest at the rate of 10% p.a. within a period of 12 months from the date of availing of the loan and 100 bags of turdal were pledged to the Bank.

(3.) That after availing the loan the petitioner failed to repay the amount within the agreed time and thereby the respondent violated the terms and conditions of the said loan. Hence, the respondent -Bank approached the Permanent Lok Adalath under the provisions of 22(c)(1) of Legal Services Authorities Act, 1987.