STATE BANK OF INDORE Vs. BALUSINGH AND ANOTHER

JUDGEMENT

(1.) The appellant-Bank has filed this appeal under Sec. 96 of the Code .of Civil Procedure against the judgment and decree dated 21.01.1992 passed by the Second 'Additional District Judge, West Nimar, Barwani in Civil Suit No. 23-B/89 solely on the ground that the Trial Court has not granted the interest at the agreed rate of 13.50% per annum with quarterly rests.

(2.) Brief facts of the case are that the appellant-Bank has filed the suit for recovery of Rs. 63,460-40 Ps. against the respondents on the ground that the respondent No. 1 had taken loan for business purposes for running a Printing Press. The aforesaid loan was payable with interest @ 13.50% per annum with quarterly rests. The respondent No. 2 stood surety for respondent No. 1.

(3.) Both the respondents have filed the writ statements denying the liability on which a specific issue was framed whether there was an agreement for payment of interest on the aforesaid loan @ 13.50% per annum with quarterly rests.