BANK OF INDIA Vs. SUNEEL KUMAR DUBEY

JUDGEMENT

(1.) This appeal has been filed by the appellant / plaintiff under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 03.09.1998, passed by the District Judge Sehore, in Civil Suit No. 6B of 1995, whereby the claim for recovery of Rs. 2,06,582/- was disallowed.

(2.) During the trial, learned Trial Court proceeded ex-parte against respondent no. 1, who is the main borrower.

(3.) In short, appellant / plaintiff's case is that respondent no. 1 having taken loan of Rs. 1 lakh from the appellant/Bank on 14.4.1984 for purchasing a Mini Bus. For this transaction, many documents have been executed by the respondents. They have taken joint liability to repay loan account. Respondent no. 3 and 4 were the guarantors. They also executed the guarantee letter in favour of appellant / plaintiff / bank. The respondent no. 1 and 2 were the defaulters in regular payment.