JABBARBHAI SAIBIBHAI MELEK Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The pertinent facts, in brief, leading to the present revision are as under :

(2.) The respondent-plaintiff, viz; the State Bank of India had granted a loan to one Ibrahim Albhabhai Karim (hereinafter referred to as the 'debtor'). In respect of this loan the present petitioner-original defendant had become a guarantor by executing the relevant document in favour of respondent-Bank. It appears that thereafter the present petitioner-defendant had executed a document in favour of the Bank which is commonly referred to as a 'revival letter'.

(3.) On an inquiry to the learned Counsel for the petition as to what is the precise form and meaning of such a revival letter, he states that the same is a document executed by the guarantor in favour of the Bank whereby he in his individual capacity acknowledges the debt on his part, and that the execution of such document amounts to an acknowledgement of debt.