STATE BANK OF INDIA Vs. KESHAV BABURAO DALVI

JUDGEMENT

(1.) THIS Civil Revision Application has been filed by State Bank of India challenging the order passed by Joint Civil Judge, Senior Division, Buldhana dated 1st August, 1994 whereby, the applicant Bank was directed to amend the plaint and to proceed with the claim in respect of one of the cause of action.

(2.) THE Bank had advanced a loan to the defendant No. 1, non-applicant No. 1. The said advance of loan was under two heads, one cash credit limit of Rs. 10,000/- and another term loan of Rs. 15,000/ -. The defendants Nos. 2 and 3 are not the guarantors in the cash credit limit sanctioned by the bank, whereas they are the guarantors insofar as term loan of Rs. 15,000/- is concerned. The Bank chose to file one suit against the defendants. The defendants 2 and 3 were proceeded ex parte and did not file any written statement, whereas the defendant No. 1 filed his written statement and contested the claim of the plaintiff. The defendant No. 1 did not raise any objection touching the misjoinder of cause of action for the obvious reason that so far as liability of the defendant No. 1 is concerned, the same would be there in regard to both the cause of action.

(3.) THE evidence came to be led before the trial Court and the trial Court was called upon to pronounce judgment on various issues that came to be framed. The Court found that the suit was bad for misjoinder of cause of action and as such chose to proceed under Order 2, Rule 6. Order 2, Rule 6, Civil Procedure Code reads thus : power of Court to order separate trial.---