STATE BANK OF INDIA Vs. KANHIYALAL AGARWALLA

JUDGEMENT

(1.) This first appeal has arisen out of the judgment and decree dtd. 4.5.96 (decree signed on 9.5.96) passed by the learned Assistant District Judge, Golaghat (now redesignated as Civil Judge, senior division) in Title Suit No. 37/87 dismissing the suit of the plaintiff-appellant for realisation of a sum of Rs. 72,386.05 P only with interest from the defendant-respondents.

(2.) J have heard Mr. B, Kalita, learned counsel for the appellant and Mr. A.K. Goswami, learned counsel for the respondents.

(3.) The facts briefly are that the appellant- Bank on being approached by the defendant- respondents has accorded financial accommodation to the extent of Rs. 25,000/- only by way of cash credit limit which the defendant-respondents availed of and accordingly, an agreement for cash credit was executed between the appellant Bank and the defendant-respondents on 23.2.73. But after availing the said cash credit facilities, the defendant respondents failed to make repayment of the said amount of Rs. 25,000/ - and ultimately the liability of the said payment on the part of the defendant-respondents has been calculated with interest at Rs. 72,386.05 P upto 28.2.86. The respondents having failed to pay the said dues to the appellant-Bank on demand, the plaintiff-appellant Bank filed the title suit No. 37/87 against the defendant- respondents for recovery of Rs. 72,386.05 P only. The defendant-respondents appeared and contested the suit by submitting the written statement.