DEVINDER KUMAR Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the first appellate court affirming on appeal those of the trial judge decreeing the suit of the plaintiff-respondent-bank for recovery of Rs. 93,377. 39 with future interest at the rate of 19 per cent. per annum from the date of institution of the suit till realisation of the decretal amount. Facts first. : Syndicate Bank, Rewari Branch (hereinafter "the plaintiff-bank"), allowed overdraft loan facility to Sapra Textile Agency, Kewal Bazar, Rewari, a partnership concern. Sarvshri Jagdish Chander, Devender Kumar and Smt. Daya Wanti were the partners of the firm. The loan of Rs. 50,000 was advanced by the plaintiff-bank to them on January 12, 1977, and the partners executed pronote, security bonds, hypothecation agreement and other relevant documents in favour of the plaintiff-bank, Shri Sham Dass, father of Sarvshri Jagdish Chander and Devinder Kumar and husband of Smt. Daya Wanti mortgaged his property bearing No. EP-403/1561, situate at Rewari by depositing title deeds as co-obligant. The partners of Sapra Textile Agency also hypothecated their stock-in-trade consisting of all types of textile goods against the overdraft loan facilities. The debt was acknowledged by the debtors on January 10, 1980. The loan was not repaid necessitating the filing of the suit for recovery of Rs. 93,377. 39 on December 5, 1980.

(2.) IN the body of the plaint, it is not stated as to what is the principal amount and how the liability of Rs. 93,377. 39 was created. The suit was contested by Sapra Textile Agency, its partners and Shri Sham Dass Sapra, co-obligant. Shri Sham Dass Sapra, father of Shri Jagdish Chander and husband of Smt. Daya Wanti, appellants, stood surety for the repayment of the loan. They are collectively referred to as the defendants.

(3.) FROM the pleadings of the parties, the following issues were framed :