BANK OF INDIA Vs. INDUSTRIAL POLYMER

JUDGEMENT

(1.) THE plaintiff bank filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure against M/s. Industrial Polymer Synthetics and Chemicals, Dhirajlal Ratilal Sanghvi, Ratilal Laxmichand Sanghvi and Indumati Ratilal Sanghvi, defendants Nos. 1, 2 and 3 respectively for recovery of a sum of Rs. 70,029.57 together with interest as set out therein. The suit was filed on April 7, 1987.

(2.) THE suit was in respect of a claim which arose on December 14, 1981. The Plaintiff Bank relied upon various part payments and acknowledgements made from time to time. The last acknowledgement is dated December 18, 1984. The suit of the plaintiff is therefore within time.

(3.) THE present Summons for Judgment is against the heirs of defendant No. 3 so brought on record, namely, defendant No. 2 in his capacity as an heir of defendant No. 3 as also defendants 3(a) to 3(c). The heirs have pleaded that they are not aware of the liability of defendant No. 3. There is no other defence on merits.