VIJAYA BANK Vs. K. SHANAWAS

JUDGEMENT

(1.) What is the effect of the subsequent accrual of cause of action on a premature, but pending suit? The dismissal of a suit for recovery of money due under a loan transaction, as premature, is assailed in this appeal by the plaintiff.

(2.) The first defendant availed an educational loan of Rs. 3,75,000/- from the plaintiff Bank for studies in B.E. (Mechanical Engineering). Defendants 2 and 3 are guarantors for the loan transaction. Alleging non-repayment of the loan amount in terms of the agreement, the suit was filed for recovery of the amounts with interest.

(3.) The defendants contended that as per the terms of the loan agreement, the loan amount is repayable in sixty equal monthly installments, the payment of which is to commence "12 months after the completion of the course or six months after getting job whichever is earlier". The course was completed only on 04.06.09; the first defendant is still studying for yet another course and has not obtained any job. It was accordingly contended that the suit is premature.