PUNJAB NATIONAL BANK Vs. BENIPRASAD MAHESHWARI

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment and decree dated the 7th May, 1976 of the Court of II Additional District Judge, Hoshangabad, in Civil Suit No. 7-B of 1972.

(2.) The plaintiff Bank had filed the suit for recovery of Rs. 35,574-93 (Rs. 28,000/-principal + Rs. 84/- Bank Commission and Rs. 7490-00 interest at the rate of 11 per cent per annum) against all the 3 defendants, who are respondents herein. The suit has been decreed for Rs. 32074.00 (Rs. 28,000/ principal, interest, 4074/-calculated at the rate of Rs. 6 per cent per annum) with costs and future interests at the rate of 6 per cent per annum on the principal amount from the date of the suit till realisation against defendant No. 2; for Rs. 148-00 against defendant No. 1 and has been totally dismissed against defendant No. 3. Being aggrieved by this judgment, the plaintiff Bank has filed the present appeal claiming a total amount of Rs. 35,574-93 against all the defendants.

(3.) At the outset it may be mentioned that the finding of the trial Court disallowing a sum of Rs. 3350/-in respect of the interest amount was not assailed before us during the course of the argument.