EASTERN BRICK INDUSTRY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD Ms. U. Baruah, learned Counsel for the appellants as well as Mr. B. Kalita, learned Sr. counsel assisted by Mr. S. Dutta, learned counsel appearing for the State Bank of India/respondent.

(2.) THE judgment and decree dated 16. 02. 1999, passed by the learned Civil Judge (Sr. Division), Jorhat in Title Appeal No. 20/97, by which the appeal preferred by the Bank/respondent was allowed setting aside the judgment and decree dated 20. 05. 1997 rendered by the learned Civil Judge (Jr. Division) No. 1, Jorhat in T. S. No. 176/94 and the suit was decreed in favour of the plaintiff-Bank/respondent herein for Rs. 20,682. 93 with costs of the suit and interest at the rate of Rs. 6% per annum from the date of filing the suit till realization of the decreetal amount in full, jointly and severally against both the defendants/appellants herein, has been assailed in this Second appeal.

(3.) ON 12. 04. 2000 at the time of admission of this appeal, the following substantial question of law were formulated: