KORAPUT PANCHABATI GRAMYA BANK Vs. HARIDASH MANDAL

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for realisation of Rs.4, 132-45/- with P.L. and F.I.

(2.) The case of the plaintiff is that it is a Bank constituted under the Regional Rural Banks Act, 1976. The Bank has several branches amongst other places at Malkanagiri. The plaintiff is a Scheduled Bank and is exempted from the Orissa Money Lenders' Regulation Act. The defendant applied for a loan of Rs.3, 500/- to purchase she-buffolows on 26.03.198 The loan was sanctioned on 06.04.198 On the same day, the defendant had executed a demand promissory note. An amount of Rs.3, 500/- was disbursed in his favour. The defendant paid an amount of Rs.500/- on 10.06.1985 towards outstanding dues. Since the loan amount is not cleared, the Bank issued demand notice.

(3.) The defendant was set ex parte. Neither any witness had been examined by the plaintiff nor any document exhibited. Learned trial court dismissed the suit holding that the suit was barred by limitation. Unsuccessful plaintiff filed Money Appeal No. 03 of 1988 before the learned Additional District Judge, Koraput, Jeypore, which was eventually dismissed.