BAYKATI LAKSHMAMMA Vs. STATE BANK OF INDIA, TADIPATRI

JUDGEMENT

(1.) C.M.P. No. 11116/1975 is an application for setting aside the ex parte decree dated 4.9.1974 in A.S. No. 269/1971.

(2.) The brief facts are as follows:- The State Bank of India, Tadipathri Branch, the 1st respondent herein filed the suit O.S. No. 15/1969 on the file of the court of the Subordinate Judge, Anantapur, against the first defendant the second respondent herein and his mother the second defendant the petitioner herein for recovery of a sum of Rs. 39,888/- 09ps. towards principal and interest due in respect of two loans taken by the 1st defendant against the pledge of Warehouse receipts concerning stocks of groundnut pods issued by the State Ware Housing Corporation and for subsequent interest and costs.

(3.) The 2nd defendant was impleaded as a guarantor for repayment of the amounts borrowed by the 1st defendant. In the suit, the 1st defendant remained ex parte and the 2nd defendant and that the stood as a guarantor. The suit was decree against the 1st defendant but dismissed against the 2nd defendant.