ADIM JATI SEVA SAHAKARI SAMITI MARYADIT Vs. KODAR

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant against impugned judgment and decree passed by the learned First Appellate Court decreeing the suit of the plaintiff by reversing the judgment and decree passed by the Trial Court dismissing his suit.

(2.) IN brief, the case of plaintiff-respondent is that he obtained loan on 29. 3. 1986 to the tune of Rs. 14,500/- from defendant no. 2-Dhar District Cooperative Central bank Maryadit Dahi. According to the plaintiff the State of M. P. has framed a scheme namely Madhya Pradesh Agriculture Debt Relief Scheme, 1990 and under this scheme the Bank is not entitled to recover the debt amount and also the interest. Plaintiff hence filed a suit praying that the amount of loan of Rs. 14,800/- and interest Rs. 10,000/- which is to be recovered by defendant-Bank cannot be realized from him under the said scheme.

(3.) THE defendants though they were served did not appear in the Trial Court and hence the Trial Court proceeded ex-parte against them. The learned Trial court after recording the evidence of plaintiff dismissed his suit. An appeal was filed by the plaintiff against the judgment and, decree passed by learned Trial court dismissing the suit and the learned First Appellate Court by the impugned judgment and decree has allowed the appeal and decreed the suit.