PUNJAB NATIONAL BANK Vs. DHIRAJ SINGH

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree dated 30.1.93 passed by the Additional District Judge, Basoda, decreeing the plaintiff's suit for Rs. 94,890/- with costs. The Court, however, did not allow pendente lite and future interest and directed payment in six yearly equal instalments and in case of default of instalments the plaintiff was awarded interest on decretal amount at the rate of 6% per annum and in case of default of payment the whole amount was directed to be paid once. Feeling aggrieved by not awarding interest pendente lite and future, this appeal has been preferred.

(2.) The plaintiff claimed that defendants No. 1 to 4 moved an application for grant of loan for purchasing tractor and other agricultural implements. They obtained a sum of Rs. 4,53,000/- a loan on 12.4.79 and executed an agreement, mortgage-deed, promissory note and other documents detailed in para 3 of the plaint. Defendant No. 5 had taken responsibility of payment of the amount. The tractor Escort Civil Procedure Code 660 was registered in the name of Dhiraj Singh but was hypotheticated with the plaintiff. They did not pay the amount inspite of demands and a total sum of Rs. 94,890/- fell due which included interest. The defendants in their written statement made a blanket denial of the allegations made by the plaintiff. No other plea whatsoever has been taken. The learned Court below considered the entire evidence on record, heard the parties and decreed the suit as aforesaid. Taking into consideration that the defendants were poor agriculturists, it directed payment to be made in six years in equal instalments and in case the amount was not paid interest was also awarded over the decretal amount. In case of default the entire amount was made payable at once.

(3.) The learned Counsel for the appellant contended that the Court committed an error in not awarding pendente lite and future interest and the appeal is limited to that point.