PUNJAB NATIONAL BANK Vs. PARMESH KNITTING WORKS

JUDGEMENT

(1.) The Punjab National Bank, the appellant (hereinafter referred to as the plaintiff-Bank) filed a suit for the recovery of Rs.1,12,390.65 against M/s Parmesh Knitting Works- the firm- and its partners as also the guarantors of the defendant-respondents. The suit was decreed by the learned Sub Judge 1st Class, Ludhiana, vide judgment and decree dt. 12-2-1982. On an appeal filed by the defendants-respondents 1 to 4, the learned District Judge, Ludhiana, vide judgment and decree dt. 21-2-1985 set aside the judgment and decree of the learned trial Court and dismissed the suit of the plaintiff-Bank. The parties were left to bear their own costs throughout. It is from the judgment and decree dt. 21-2-1985 of the learned District Judge, Ludhiana, that the present second appeal has been preferred by the plaintiff-Bank.

(2.) In the suit before the trial Court, the following issues were framed :-

(3.) However, before the learned District Judge, the only issue which was pressed by the defendants-respondents Nos.1 to 4 was issue No.(1) and it is by reversing the finding of the trial Court on this issue that the learned District Judge has held that the suit was not instituted by a duly authorised person and consequently dismissed the same.