SYNDICATE BANK Vs. GIAN CHAND JAIN

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 31/10/1994 passed by Second Additional District Judge, Bhopal in Civil Suit No. 45-B/1984, appellant/plaintiff has preferred this appeal under 2 Section 96 of the Code of Civil Procedure.

(2.) FACTS of the case in short are that respondent No.1 had availed loan of Rs.7,000/- on 11.5.1981, Rs.2,500/- on 13.5.1981 and Rs.500/- on 19.5.1981 and he had also availed the entire loan of Rs.10,000/- in his account and for which he had executed written receipts. It is further pleaded that he made part payments of Rs.500/- on 11.6.1981, Rs.702/- on 11.7.1981 and Rs.1,000/- on 10.9.1981, thereafter he failed to pay any further amount towards principal and interest and committed default in payment of the dues of plaintiff. Despite repeated demand he did not pay the remaining amount. Ultimately, the plaintiff sent a notice on 12.1.1984 to all respondents/defendants. But they have failed to pay the remaining amount, therefore, after adjusting the aforesaid part payments firstly towards interest, plaintiff filed a suit for recovery of net balance amount/sum of Rs. 13,166.50 as outstanding against defendant No.1.

(3.) LEARNED counsel for the appellant submitted that trial Court has failed to consider the other prayer which was prayed by appellant/plaintiff for seizure and sale of hypothecated machinery and stocks for recovery of the dues. Trial Court has also failed to award the cost of the suit. It is also submitted that trial Court has failed to permit the plaintiff to lead evidence in support of his case, therefore prays for setting aside the impugned judgment/order and allow the prayer of appellant/plaintiff made in his plaint.