SYNDICATE BANK Vs. A VIJAYARAMA RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed by the unsuccessful plaintiff in Small Cause Suit No. 989 of 1993 on the file of the Court of the Additional Judge, City Small Causes Court at Hyderabad dated 23-9-1994.

(2.) The facts in brief are that the suit is filed for recovery of a sum of Rs. 2087/- with interest thereon. The case of the revision petitioner-plaintiff is that the first respondent-first defendant took a loan of Rs. 9150/- to purchase a house plot by submitting a loan application dt. 10-7-1987 and the first respondent-first defendant had furnished respondents 2 and 3 i.e., the defendants 2 and 3 as guarantors and all of them had executed the articles of agreement and as per the direction of the first respondent loan amount was paid to Srinivas Enterprises and the amount is repayable with interest at 17.5% per annum with quarterly rests and the first defendant agreed to pay the loan amount at the rate of Rs. 305/- per month commencing from 31-8-1987. The payments made by the first defendant were credited to his account. A notice was issued on 4-9-1993 demanding for the balance of amount and since the balance of amount is not paid the suit is field.

(3.) The defendants had filed a written statement taking the plea of fraud stating that the bank officials of the revision petitioner-plaintiff bank in collusion with some others came to the place of working of the defendants-respondents and obtained signature of the employees of A.P.S.R.T.C. including some on blank papers stating that house-sites will be provided to them on monthly instalments basis and they had signed those papers blindly and accordingly their employer had been deducting at the rate of Rs. 323/- per month for a period of 36 months and the site worth about Rs.2,000/- was only provided to the first respondent and the suit is liable to be dismissed as barred by time.