STATE BANK OF INDIA Vs. RADHESHYAM SAHU

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 96 of Code of Civil Procedure 1908 against the judgment and decree dated 19-7-2002 passed by the Additional District Judge, Bemetara, Civil District Durg (CG) in Civil Suit No.4-B/2001 wherein the said court dismissed the suit filed by the appellant/plaintiff for recovery of amount to the tune of Rs. 2,68,333.33 paisa (round off Rs. 2,68,333/-) with interest @ 12.5% per annum with half yearly rest rate.

(2.) As per case of the appellant/plaintiff, respondents No. 1 to 5 applied for loan for purchasing Tractor and Trolley on 25-1-1990. Respondents No. 1 to 3 have been sanctioned loan while respondents No. 4 and 5 were sureties for the loan amount. The respondents have executed revival letters on 10-12-1992, 10-11- 1995 and 31-8-1998. When they did not repay the loan amount, suit was filed and the trial Court dismissed the suit on the ground that the revival letters have not been duly proved.

(3.) Learned counsel appearing for the appellant submits as under: