UNITED BANK OF INDIA Vs. SUMAN ENTERPRISES

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 11-7-1994 passed by the 11th Additional District Judge, Jabalpur in Civil Suit No. 99-B/94 dismissing his suit, the appellant has preferred this appeal under Section 96 of Code of Civil Procedure, 1908.

(2.) NO exhaustive statements of facts are necessary for the disposal of this appeal. In brief, the suit of the plaintiff is that defendant No. 1 applied to obtain loan of Rs. 24,000/- from the plaintiff-bank in order to promote its business and, accordingly, a loan to the tune of Rs. 24,000/was sanctioned and the aforesaid amount was paid to it by the bank on 28-11-1984 against a demand promissory note for the said amount duly executed and signed by the defendant No. 1 promising to pay a sum of Rs. 24,000/- on demand together with interest as indicated in the document. The said amount of loan was required to be paid quarterly. As defendants having failed to repay the loan amount, a suit for recovery has been filed on 1-3-1989.

(3.) SEPARATE written statements were filed by the defendants. In the written statements, inter alia, it has been pleaded that the suit is barred by prescribed period of limitation.