LAWS(CAL)-1983-4-15

CENTRAL BANK OF INDIA Vs. ASHOKE KUMAR BOSE

Decided On April 12, 1983
CENTRAL BANK OF INDIA Appellant
V/S
ASHOKE KUMAR BOSE Respondents

JUDGEMENT

(1.) THIS is a revisional application at the instance of the plaintiff, central Bank of India and is directed against an order dated March 16, 1979, passed by the learned Subordinate judge, 4th Court alipore, dismissing the plaintiff's application under section 151 and 152 of the Code of civil Procedure filed in Title Suit No. 41 of 1968.

(2.) THE plaintiff instituted the aforesaid suit against the predecessor-in-interest of the present opposite parties for realisation of a sum of Rs. 1,80,399. 84 due towards principal and interest calculated upto May 28 1968, on enforcement of a mortgage. In this suit the plaintiff further claimed interest at the contractual rate from May 29, 1968, until realisation.

(3.) THE suit was ultimately decreed exparte on April 17, 1973, on the following terms