P.S. ARUCHAMI Vs. CANARA BANK

JUDGEMENT

(1.) THE defendant in O.S.No.339 of 1992 on the file of the Sub Court, Palakkad is the appellant in this appeal. The said suit was one for realisation of a sum of Rs. 68,260/ -.

(2.) THE case of the plaintiff can be summarised as follows:

(3.) THE court below framed two issues for trial. No oral evidence was adduced by the plaintiff. Exts. A1 to A5 on the side of the plaintiff and Ext.B1 to B4 on the side of the defendant were marked on consent. The learned Sub Judge, as per judgment and decree dated 13.10.94, after accepting an affidavit dated 26.10.94 from the plaintiff to the effect that out of total sum of Rs. 10,000/ - under the ARDR Scheme, a sum of Rs. 4,394/ - alone was given credit to by the plaintiff - bank, a sum of Rs. 2984/ - was to be adjusted towards the loan which the defendant had taken from the Kanjicode Service Co -operative Bank and a sum of Rs,2622/ - had to be adjusted towards the loan which he had taken from the Palghat District Co -operative Bank, Menonpara, decreed the suit for Rs. 68,260/ - with costs and future interest at the rate of Rs. 12% per annum as against 16.5% claimed by the plaintiff. It is the said decree which is assailed in this appeal by the defendant.