RAMESH MACHINERY STORES Vs. BRANCH MANAGER

JUDGEMENT

(1.) THE following substantial questions of law were framed for consideration and determination by this Court when the present appeal was admitted:

(2.) THE present appeal at the instance of original plaintiff challenges the judgment and order dated 08th December, 2005 of learned Sessions Judge and Presiding Officer, Fast Track Court No.3, Dahod in Regular Civil Appeal No.61 of 2004. Thereby the appeal of the original defendant No.1 -Bank of Baroda came to be allowed and in turn the judgment and decree earned by the plaintiff before the trial court was set aside.

(3.) THE appellant -original plaintiff instituted Regular Civil Suit No.15 of 1990 before the Civil Judge (J.D.), Devgadh Baria for recovery of amount of Rs.14,450/ -. In the array of defendants were the Bank of Baroda through Branch Manager and one Sauravbhai Kalubhai Baria joined as defendant Nos.1 and 2 respectively. According to the case put up in the plaint, the plaintiff was dealing in oil and diesel engines and their accessories, floor mill and related machineries of different brands which were used in the agricultural operations. It was stated that under the Government Scheme known as Integrated Rural Development Scheme (IRD Scheme), the defendant No.1 was a lender giving loans to the beneficiaries of the scheme. It was stated that defendant No.2 wanted financial assistance under the said IRD Scheme to purchase certain ISI Mark Vehicle Water Cool Balance Oil Pump Engine with machineries of standard size and Floor Mill.