SUJATHA Vs. INDIAN BANK SADASHIVANAGAR BRANCH BANGALORE

JUDGEMENT

(1.) a suit was filed by the plaintiff-bank for recovery of amount owing to the bank, after service of notice, the defendant put in his appearance and filed the written statement resisting the suit filed by the plaintiff-bank. Thereafter the suit was posted for plaintiffs evidence to 17-6-1991. On 17-6-1991, P.W. 1 was examined on behalf of the plaintiff-bank and documents ex. P-1 to ex. P-3 were marked as exhibits. The defendant remained absent. After hearing the learned counsel for the plaintiff the suit was posted for judgment to 22-6-1991. On 19-6-1991, the defendant came forward with an application under Section 151 of C.P.C. requesting the court to advance the caae from 22-6-1991 to 19-6-1991. The defendant filed another application under order 18, Rule 17-a, read with Section 151, c.p.c, requesting the court to recall the order dated 17-6-1991 and to give an opportunity to contest the suit,

(2.) the trial court relied on the judgment of the Supreme Court in Arjun Singh v Mohindra Kumar and others, wherein the Supreme Court as held as follows :

(3.) the plaintiffs case is that the defendant borrowed a sum of Rs. 5,000/- for the purpose of business agreeing to repay the same together with interest at 4% p.a. in consideration of receipt of amount, the defendant has executed pro-note and agreement of agricultural term loan in favour of the plaintiff. Since the defendant failed to repay the amount in spite of repeated demands, the plaintiff was constrained to issue, a legal notice and since the amount was not forthcoming, plaintiff filed the suit.