SELVAGURUNATHAN Vs. THE STATE BANK OF INDIA

JUDGEMENT

(1.) The defendants in O.S. No. 52 of 2004(O.S. No. 127 of 1999, Sub Court, Kumbakonam) on the file of the Principal District Munsif Court, Valangaiman at Kumbakonam, as against whom money decree was passed which has been upheld by the First Appellate Court/Additional Sub Court, Kumbakonam, in A.S. No. 144 of 2007 has directed this Second Appeal.

(2.) The first appellant/first defendant sought for Sugar Cane Loan from the respondent/plaintiff namely, State Bank of India, Thiruvidaimarudur Branch. On 7.11.1995, the loan was advanced on certain terms and conditions. The wife/the second defendant guaranteed his repayment of the loan by her husband/first defendant. Since the loan amount was not paid as agreed, the overdue amount became a big amount. After notice, the respondent has instituted the suit. The respondent pleaded that by the execution of revival letters the suit is within time.

(3.) The suit has been resisted by the appellants by filing a faint written statement raising several contentions. One of them is that at the time of sanctioning the loan several signatures of the defendants have been obtained in several blank forms, they might have been used to create revival letters to show that the suit is time and thus the suit is barred by time.