VIJAYA BANK Vs. DIGVIJAY RANA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 26.7.2001. The impugned judgment had reversed the finding of the trial judge dated 21.12.1999. The trial judge had decreed the suit of the plaintiff i.e. of the Vijaya Bank. The impugned judgment had dismissed the suit.

(2.) The matter has remained on board but none has cared to appear for the appellant. On 27.9.2010 a specific request had been made by the counsel for the appellant to examine the record; thereafter he has not appeared. The appeal had been admitted on 18.11.2003. Substantial question of law has not yet been formulated. Substantial questions of law formulated in the body of the appeal have been noted.

(3.) The plaintiff bank had filed a suit for recovery of Rs.98,630.12 against the defendant. It was alleged that the account of the defendant had become overdrawn; an amount of Rs.78,959.12 was outstanding; he was liable to pay interest at the rate of 23% per annum with quarterly rests.