CORPORATION BANK Vs. SUNIL KUMAR

JUDGEMENT

(1.) This is plaintiff's appeal against the order dated 4th April, 1991 passed by the learned Single Judge on I.As. 3480/86, 3980/86 and 6273/88, whereby the said applications have been disposed of in view of the fact that defendant No. 1 has paid a sum of Rs. 1 lakh. Learned Judge also postponed the consideration of the interlocutory application I.A. No. 10212/90, and stated that this application will be considered at the time of passing the final decree. Learned Judge directed the defendant to file written statement within a fortnight and replication if any within a week thereafter and the case was posted for framing of issues of 9th July, 1991.

(2.) The appellant's grievance is that application for leave to defend stood disposed of. There was no occasion for allowing the defendant to file written statement. The only issue which remained to be determined was interest pendente lite and future. It may be stated that the principal amount of loan advanced, as claimed by the plaintiff was Rs. 1 lakh which has already been paid by defendant No. 1. The plaintiff bank has also claimed interest upto the date of institution of the Suit. It appears that the same is in dispute. Thus, the only issue which remains for consideration by the Court is interest prior to the institution of the Suit. According to the learned counsel for the appellant, the question of interest can be disposed of even without calling the defendant to file the written statement and the questions do not require any evidence. Suffice it to say that the appellant may move the learned Judge so that the matter may be examined by the learned Judge. It would not be proper to go into that question at this stage in appeal. This appeal is, therefore, disposed of with the above, observations. Appeal disposed of .