STATE BANK OF BIKANER Vs. MUKESH KUMAR

JUDGEMENT

(1.) THIS case is on the 'Regular Board' of this Court since 17.1.2011. Today, it is effective item No.6. Although it is 3.30 P.M. nobody has chosen to appear for the appellant, the respondents having not appeared in this appeal in spite of service. I have therefore perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 16.8.2001 whereby the suit of the appellant/plaintiff/bank for recovery of Rs.2,03,181/- was dismissed. THE suit was dismissed even though all the security documents, the statement of account and service of the legal notice was proved, on the ground that the appellant bank had relied upon two acknowledgements of debts dated 16.4.1996 and 30.5.1996, however, only the acknowledgments of debts dated 16.4.1996 were proved as Ex.PW1/9 and Ex.PW1/10, but the acknowledgments of debts dated 30.5.1996 with respect to two accounts was not filed and hence not proved. THE suit has been held to be barred by limitation and dismissed. Suit was also dismissed on the ground that the same was not shown to have been validly signed and filed.

(3.) IN view of the above, appeal is accepted, the suit of the appellant/bank against the defendants/respondents is decreed for a sum of Rs.2,03,181/- along with the pendente lite and future interest at 12% per annum simple till realization of the decretal amount with costs of the present appeal being the court fees filed. Decree sheet be prepared. Trial court record be sent back.