KUSUMBAI SHRIMAL KATARIYA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) IN all these civil revision applications, a common question of law has arisen and therefore, these revisions are being disposed of by this common judgment.

(2.) THE Respondent - Central Bank of India, filed suits for recovery of loan amount against each of the petitioners original defendants, in the Court of Civil judge, Senior Division, Ahmednagar. The petitioners were the guarantors for the principal debtors who had obtained loan from the respondent Bank. In all these suits, only the guarantors are impleaded as defendants and the principal debtors are not impleaded as defendants. This has happened because the remedy of recovery of loan as against the principal debtors was barred by limitation.

(3.) THE defendants - the present petitioners, therefore, took a stand that as the bank had lost its remedy against the principal debtors because of bar of limitation, the suits as against the guarantors are also barred by limitation. In view of this stand taken by the petitioners - original defendants, the learned Civil Judge, Senior Division, ahmednagar, framed an issue "whether the plaintiff's suit is barred by limitation?"