NAUNIHAL AND CO. Vs. BANK OF INDIA

JUDGEMENT

(1.) The appellants-defendants have preferred this regular second appeal against the judgment and decree dated 8.2.1990 passed by the first appellate court whereby the judgment and decree dated 9.1.1987 passed by the trial court was modified. The appellants-defendants, a partnership firm, had credit facilities with Bank of India Model Town branch Ludhiana. The plaintiff bank-respondent filed a suit or recovery of Rs. 89,757/- on 21.1.1984. During the pendency of the suit, the appellant deposited Rs. 89,760/- and/sought dismissal of the suit. The plaintiff bank admitted that during the pendency of the suit, some payments were made by the defendants, however, the suit continued.

(2.) The trial court framed the issues as follows:-

(3.) On issue No. 1, the findings were recorded by the trial court as follows:-