STATE BANK OF INDORE Vs. MUNNALAL

JUDGEMENT

(1.) THIS appeal under Section 96 of C. P. Code is by the unsuccessful plaintiff whose suit was dismissed by the impugned judgment/decree, dated 19-01-1990 passed by IIIrd A. D. J. , Ujjain, in C. S. No. 52-A/88. To appreciate the issue involved in suit and now in appeal, few facts need mention.

(2.) APPELLANT is the plaintiff whereas respondents are the defendants.

(3.) APPELLANT (plaintiff) - a Nationalised Bank, filed a suit out of which this appeal arises for the recovery of Rs. 35,222/- against the respondents (defendants) on the strength of loan advanced to the respondents. It was alleged that in lieu of security, the respondents (defendants) had executed various documents in favour of plaintiff - such as mortgaged deed, guarantee agreement, demand promissory notes etc. In effect, it was lleged that defendants did not repay the loan despite giving notices and reminders and that too after acknowledging their liability to pay and hence suit was filed claiming a money decree and in alternative for redemption of mortgaged property by putting it to sale for realisation of loan amount together with interest.