(1.) By this order, I propose to dispose of Issue Nos. 3 and 4 framed vide orders dated 10th February, 1987 by G. C. Jain, J. in this suit for recovery of Rs. 6,47,476,31 in as much as both these issues were ordered to be treated as preliminary.
(2.) This suit has been filed by the plaintiff Bank of India for recovery of Rs. 6,47,476.31 against the defendant Shri Vinod Kumar Bhalla, Sole Proprietor of M/s. Navik Comercial Enterprises. The issues are as follows :-
(3.) I have heard the learned counsel for the parties and have gone through the plaint and the written statement arid the documents placed on record and after giving my considered thought to the matter before me I have come to the following findings : ISSUE NO, 3 :