SHAHDEO SINGH Vs. UNITED COMMERCIAL BANK & ANR

JUDGEMENT

(1.) This is the defendant's appeal directed against the judgment and decree dated 5.10.1994 passed by XIIth Additional Judge on the Court of District Judge, Jabalpur in Civil Suit No. 161-B/94. The learned Judge passed a decree with costs in favour of the plaintiff.

(2.) The facts of the case is short are that plaintiff-respondent No. 1, a scheduled Bank, sanctioned a loan of Rs. 1,70,000/- to the appellant on his request for purchase of a second-hand truck. Respondent No. 2 and one Ghansu Singh stood surety for the appellant with regard to the loan sanctioned to him. After the sanction of the alleged loan, appellant and the two sureties executed usual documents in favour of the plaintiff-Bank. Appellant has also executed a memorandum of agreement by which he hypothecated truck No. C.P.J. 5895 which was purchased from the sanctioned loan amount. As per terms and conditions of the loan, the amount was payable in monthly instalments. Defendant-appellant did not pay the instalments not deposit any amount due against him in the loan account even after demand. Hence, respondent No. 1-Bank filed a suit against the appellant and the sureties for recovery of the amount due against the appellant. During the pendency of the suit, one of the defendants, Ghansu Singh died and his name was deleted from the plaint. Appellant-defendant No. 1 resisted the suit of the plaintiff and pleaded that he did not apply for sanction of any loan nor had he received any amount from the plaintiff-Bank by way of loan. He also denied the execution of the documents alleged and filed by the plaintiff. Defendant No. 2 Ramji Prasad remained absent in the Court with the result proceeded ex parte.

(3.) Plaintiff-bank and appellant led evidence in support of their contentions. After considering the evidence of both the parties, the learned Additional District Judge decreed the suit of the plaintiff against the defendants. Hence this appeal.