PREM INDUSTRIES Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This first appeal by the defendant is directedagainst the judgment and decree of the Learned Single Judge (DalveerBhandari, J) passed on the oasis of admission under Order 12 Rule 6 of theCode of Civil Procedure.

(2.) The plaintiff (now respondent) filed a mortgage suit for recoveryof over Rs. 12.89 lakhs against five defendants being the principle debtorand the guarantors. On the pleadings of the parties, the following issues areframed:

(3.) Then the plaintiff bank filed an application under Order 12 Rule6 of the Code of Civil Procedure stating that in the balance-sheet of the firstdefendant (now appellant) this defendant admitted that a sum of Rs.11,95,0857- was due from it to the plaintiff-bank. On the basis of this admission in the balance-sheet and after recording the relevant facts, the LearnedSingle Judge passed a decree for this amount with cost and then adjournedthe suit for subsequent date for further proceedings.