STATE BANK OF INDIA Vs. GOBBS KAY INDIA

JUDGEMENT

(1.) This order will dispose of IA No.297, 2628 and 2629/96, all filed by the plaintiff. IA No.297/96 is under Order XXII Rule 4, Civil Procedure Code for bringing on record the legal representatives of deceased defendant no.3; IA No.2628/96 is under Order XXII Rule 9(2), Civil Procedure Code for setting aside abatement of suit, if any, and IA No.2629/96 filed simultaneously with the latter application is under section 5 of the Limitation Act, 1963 for condonation of delay in filing the former two applications.

(2.) The applications emerge under the following circumstances :-

(3.) Having failed to realise the two amounts of Rs.2,02,429.15 and Rs.2,03,417.40, disbursed by the plaintiff bank to defendant no.1 against two documents for US$ 25,000 each, negotiated by the plaintiff under letters of credit presented on 8 February 1979 and 13 February 1979 by defendant no.1, a duly constituted firm, on account of stoppage of payment by the buyer for failure on the part of the defendants to supply the contracted goods as per the samples on 8 January 1982 the plaintiff filed suit for recovery of Rs.6,64,340.00 with interest etc., against the firm and its partners. The evidence in the case adduced by the parties was concluded on 28 October 1988 and the suit was set down for final arguments on 28 October 1998 but unfortunately for some reason or the other final arguments could not take place.