BRIJMOHANDAS HARNARAIN Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This judgment will also govern the disposal of First Appeal No. 107 of 1976 (Brij Mohandas and another v. Punjab National Bank and others), as they arise out of a common judgment.

(2.) These appeals have been directed by the defendant-appellants against the judgment and decree dated 6th May 1976, passed by the 2nd Additional District Judge, Hoshangabad, in Civil Suit No. 10-B of 1972 and Civil Suit No. 11-B of 1972.

(3.) The plaintiff Bank had instituted Civil Suit No. 10-B of 1972 against the defendant-appellants as well as against respondent Nos. 2 and 3 (a) and (b), for the recovery of a sum of Rs. 15,894 including interest, and future interest at 11% per annum. The trial Court decreed the claim of the plaintiff Bank for Rs. 11,489.53 P. against the defendants 1 (a) and (b) / appellants as well as against the defendant-respondent No. 2, with future interest at the rate of 6% per annum on the principal amount of Rs. 10,000.00 from the date of the filing of the suit till realization. The plaintiff Bank's suit against respondent Nos. 3 (a) and (b) was, however, dismissed with costs. In Civil Suit No. 11-B of 1972, the plaintiff-Bank had instituted a suit for the recovery of Rs. 47,680.78 P. against the defendant Nos. 1 (a) and (b)/appellant as well as against defendant-respondent Nos. 2 and 3 (a) and (b), inclusive of interest, and claiming further future interest at the rate of 11% per annum from the date of the suit till realization. The trial Court, decreed the suit for Rs. 43,096.75 P. with future interest at the rate of Rs. 6 per annum from the date of the filing of the suit till the date of realization against the defendants 1 (a) and (b)/appellants as well as against the defendant-respondent No. 2. The plaintiff's suit against the defendant- respondent Nos. 3 (a) and (b) was, however, dismissed with costs. In these two appeals, the defendant Nos. 1 (a) and (b)/appellants alone have challenged the judgment and decree passed against them.