TEJ KAUR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This is defendants' Regular Second Appeal against the judgment and decree of the District Judge seeking modification of the decree as the same has not been drawn in conformity with the judgment of the court.

(2.) Briefly put the State Bank of India (hereinafter referred to as the Bank) filed a suit for recovery of the amount advanced against the borrower and the guarantor along with interest, which had accrued thereupon.

(3.) Defendants put in appearance, filed written statement and took preliminary objections to the effect that the plaintiff has no locus standi to file the present suit; that the suits not within limitation and otherwise, too, the plaintiff is estopped from filing the present suit by its own act and conduct. On merits, it was alleged that the defendants had already deposited a sum of Rs. 48,000/-, i.e. Rs. 40,000/- in one case and Rs. 8,000/- in the other, and after adjusting this amount, the remaining amount can be recovered by sale of the hypothecated goods. Defendants also challenged the rate of interest, which was being claimed by the plaintiff.