SYNDICATE BANK Vs. T BASAPPA

JUDGEMENT

(1.) Civil Revision Petition No. 2986 of 1985 is directed against the judgment and decree dated March 28, 1985, passed by the Additional Civil Judge, Shimoga, in R.A.No. 158 of 1980 affirming the judgment and decree dated September 9, 1980, passed by the Principal Munsiff, Shimoga, in O.S. No. 517 of 1979, dismissing the suit against defendant No. 2.

(2.) Regular Second Appeal No. 563 of 1985 by the plaintiff-bank is directed against the judgment and decree dated March 25, 1985, passed by the Additional Civil Judge, Shimoga, in R.A. No. 170 of 1980 reversing the judgment and decree dated October 31, 1980, passed by the Additional Munsiff, Shimoga, in O.S. No. 516 of 1979, decreeing the suit against all the defendants.

(3.) It is undisputed that the principal debtor in both the cases had borrowed the money and he and one surety have signed the acknowledgment on the suit documents. It is undisputed that the surety, Ananthapadmanabha ,in both the cases has not signed the acknowledgment. Therefore, the main question that arises in both the cases is that whether the acknowledgment given by the principal debtor and another surety would bind the surety, Ananthapadmanabha, who has not joined them in signing the acknowledgments.