STATE BANK OF INDIA Vs. SOTYA BHAGAWAN AGARWALA

JUDGEMENT

(1.) IT is really unfortunate that a suit instituted by a Bank was thrown out by the learned Assistant District Judge, Barpeta on the ground that there was no cause of action. The discussions on Issue Nos. 1, 4 and 5 as is evident from the judgment are quoted below:

(2.) ACCORDINGLY, after hearing the learned counsel for the parties and on perusal of the materials on record, I set aside and quash the judgment dated 29.4.1985 passed in Money Suit No. 15/1983 and send back this matter to the trial court for hearing argument of both the parties. It is also made clear that the suit is not barred by limitation as it was a suit for enforcement of equitable mortgage and the period of limitation will be 12 years and not 3 years. ACCORDINGLY arguments shall be heard and the matter shall be decided by the learned Civil Judge (Sr. Division) No. 1 Barpeta. The learned Judge shall try to dispose of the matter as expeditiously as possible. Send back the records immediately. The parties shall appear before the trial court on 17th August, 1998 to receive further instructions. Order accordingly.