RAIGARH KHETRIYA GRAMIN BANK Vs. TALIRAM GUPTA

JUDGEMENT

(1.) IN this appeal preferred under Section 96 of the Code of Code of Civil Procedure Raigarh Kshetriya Gramin Bank, the planitiff Appellant has assailed the judgment and decree passed by the learned Second Additional District Judge, Raigarh in Civil Suit No. 10 -B/88 whereby he has dismissed the suit accepting the plea of limitation advanced by the Defendants, the loanee and guarantor.

(2.) THE facts as have been brought on record are that the Defendant No. 1/ Respondent No. 1, Taliram has executed a pronote on 14 -7 -1983 for getting a term loan of Rs. 25,000/ -. It was stipulated in the said pronote that he would pay 15% interest per annum. The Defendant No. 2/Respondent No. 2 stood as guarantor for the Defendant No. 1. After availing the loan the said Defendant No. 1 deposited certain sums at some intervals and the said amount was reflected in his account. The books of accounts reflected that as on 31 -8 -1988 the Defendant No. 1 was liable to pay Rs. 28,938.10 paise. Inspite of the reminders he did not pay the said amount. Eventually a notice was sent but no payment was made. Thereafter the present suit was filed for realisation of the said amount with interest thereon, it was putforth in the plaint that the cause of action arose on 14 -7 -1983 and again on 25 -5 -1987 when the Defendants executed the documents.

(3.) THE learned trial Court framed as many as three issues. Issue No. 1 relates to the limitation and issue No. 2, pertains to claim of the Bank relating to the amount in question. The learned trial Judge on consideration of the matrial on record answered both the issues against the Plaintiff -Bank.