ORIENTAL BANK OF COMMERCE Vs. RAJRANI

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 8-8-1997 by IXth Additional District Judge, Gwalior, dismissing its suit for recovery of Rs. 25,234. 92 paise from the respondent this appeal has been preferred by the appellant/creditor.

(2.) THIS appeal is heard ex-parte as the respondent after service of notice of final hearing of this appeal initially appointed a lawyer to represent her but later on chose to remain absent and failed to appear in spite of S. P. C.

(3.) FACTS giving rise to this appeal in brief are that one Shyam Behal had taken a loan of Rs. 20,000/- from the appellant/bank. He had agreed to pay interest on it at the rate of 12% per annum with quarterly rest. He also agreed to refund the amount in sixty instalments. Various documents were executed by that debtor Shyam Behal in favour of the appellant/bank. The said Shyam Behal did make certain payments last of which was of Rs. 500/-, made on 10-12-1986. Thereafter, no payments were made by him till his death on 26-3-1988. The respondent being mother of the said Shyam Behal was his only heir as that Shyam Behal died unmarried. She also did not pay anything, therefore, a suit was filed by the appellant on 25-8-1990 for recovery of Rs. 25,234. 92 paise from her as the amount due on date. This suit was contested by the respondent. Besides other grounds she contested it also on the ground that she has no assets left by her son Shyam Behal to her and, therefore, was not liable for the said debt of Shyam Behal.