SYNDICATE BANK MADURAI Vs. INDIAN BANK TIRUCHI

JUDGEMENT

(1.) The unsuccessful second defendant/appellant in A.S. No. 73 of 1985 on the file of the Subordinate Judge, Madurai has filed this Second Appeal challenging the judgment and decreed passed by the said Court.

(2.) The first respondent/plaintiff field a suit against the defendants 1 to 3 for recovery of a sum of Rs. 5,790/- with future interest at 18 per cent per annum on the sum of Rs. 4,000/-. The 3rd defendant remained ex parte. The trial Court passed a judgment and decree as prayed for with costs against 2nd and 3rd defendants and dismissed the suit against the first defendant. The second defendant filed A.S. No. 73 of 1985 and the first defendant filed a Cross Appeal. The first appellate Court dismissed the appeal filed by the second defendant and allowed the cross appeal filed by the first defendant. The second defendant has filed the second appeal challenging the judgment and decree of the first appellate Court.

(3.) The substantial questions of law framed in the Second Appeal are -