KRISHAN KUMAR Vs. SYNDICATE BANK AND ANR.

JUDGEMENT

(1.) THIS appeal is against the judgment and decree dated 06 -12 -96 passed by the learned Additional District Judge, Delhi in suit No. 313/88 (old. No. 248/86) whereby the suit for recovery of Rs. 41,579.75 filed by the respondent No. 1 -Bank was decreed in its favour and against the appellant and respondent No. 2 herein.

(2.) RESPONDENT No. 1 -Bank(hereinafter to be referred as the 'plaintiff') filed a suit for recovery on the allegations that respondent No. 2 herein, who was impleaded as defendant No. 1 in the suit (hereinafter to be referred as 'defendant No. 1'), was given a loan of Rs. 25,000/ - on 05 -10 -83 by the plaintiff bank and for its re -payment the appellant herein, who was impleaded as defendant No. 2 in the suit and who shall now onwards be referred to as defendant No. 2, had given his personal guarantee by executing alongwith defendant No. 1 an agreement of loan -cum -guarantee. It was pleaded in the plaint that after availing of this loan facility defendant No. 1 failed to repay the same which as per the terms of loan was repayable in 25 instalments of Rs. 1000/ - each commencing from 15 -11 -83. Since defendant No. 1 defaulted in repayment of the loan instalments he was called upon to clear the bank dues and defendant No. 2 was also required to make the payment as he was also equally liable to repay the loan amount disbursed to defendant No. 1 being his guarantor but they did not accede to that demand. Hence, the suit.

(3.) ON the pleadings of the parties learned trial Judge framed the following issues: