VITHOBA N ADEL Vs. VIJAYA BANK

JUDGEMENT

(1.) THESE First Appeals are filed by the original defendant No. 1 (hereinafter referred to as the defendant)against the judgment and decree of the 1st Addl. Civil Judge, Senior Division, Margaon. By the judgment and decree in appeal the learned Civil judge has decreed the suit of the respondent-Bank together with interest and future interest. The appellant's counter claim has been dismissed.

(2.) THE parties are hereinafter referred to as per their status before the Trial court.

(3.) ON 21-1-1988 the plaintiff-Bank filed a suit for recovery of a sum of Rs. 3,75,144, a sum inclusive of interest till the date of filing of the suit and for future interest from the date of filing of the suit till realisation. On 16-1-1989 most of the defendants were served. On 16-8-1989 all the defendants including the heirs of the deceased defendant stood served. The defendants did not file their written statement soon after service. They filed it on 24-1-1994. In the written statement, without pleading any set-off, the defendant no. 1 made a counter claim for compensation in the sum of Rs. 21,28,000/- and for damages in the sum of Rs. 50,800/- with interest at the rate of 18% per annum. The defendants prayed for other compensation with interest at the rate of rs. 1000/- per day.