ORIENTAL BANK OF COMMERCE Vs. SANDEEP PRINTERS

JUDGEMENT

(1.) THIS first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 25th April, 1996 passed by First Additional District Judge, Mandsaur, in Civil Suit No. 16-B/1992 against the part of the judgment and decree by which the Trial Court has not granted the decree against respondent Nos. 3 and 4 who were the guarantors.

(2.) THE brief facts of the case are that appellant/plaintiff filed a suit on 22. 9. 1992 for recovery of Rs. 26,272. 25 ps. Admittedly the loan was granted to respondent/defendant Nos. 1 and 2 and respondent/defendant Nos. 3 and 4 are the guarantors. The Trial Court decreed the suit in favour of the plaintiff/bank and against respondent Nos. 1 and 2 and dismissed the suit against respondent Nos. 3 and 4 who are guarantors on placing reliance on a decision in Vimla Pradhan (Smt.) and Ors. v. United Commercial Bank and Ors. , II (1991) BC 507=1991 J. L. J. 344, on the ground that the loan was acknowledged only by defendant Nos. 1 and 2 who are the debtors, therefore, the liability of defendant Nos. 3 and 4 have come to an end because the acknowledgement of debt is afresh contract, against which the appellant Bank has preferred this appeal.

(3.) I have heard Mr. H. G. Shukla, learned Counsel for appellant; Mr. S. S. Sharma, learned Counsel for respondent No. 3; and perused the record. None appeared for respondent Nos. 1, 2 and 4. '