STATE BANK OF INDIA Vs. RAGHUBAR SINGH

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment dated March 6, 1980, and the decree thereunder passed by Shri G.N. Gupta, First Subordinate Judge, Chapra, in Mortgage Suit No. 16 of 1977 whereby and whereunder he dismissed the suit ex parte.

(2.) Briefly put, the case of the plaintiff is as hereunder. Defendants Nos. 1 and 2, the sons of Satya Narain Singh, and his wife were members of a joint Hindu family. Satya Narain Singh, as karta of the joint Hindu family, took an instalment credit loan of Rs. 16,700 on November 7, 1970, through draft No. A. M. 987307, dated November 7, 1970, payable to the managing director, Bihar State Agro Industries Development Corporation Ltd., for purchase of a tractor from Chapra branch of the plaintiff. The instalment credit loan was advanced to Satya Narain Singh on execution of a registered simple mortgage bond dated March 2, 1970 (exhibit 1), by him as karta of the joint Hindu family in favour of the plaintiff for Rs. 16,842 in which he had mortgaged 23 bighas 1 katha 5 dhuas of land detailed in the mortgage deed as security for instalment credit loan. Satya Narain Singh had agreed to repay the loan but he died in the year 1974. The defendant succeeded to estate of the deceased Satya Narain Singh. A sum of Rs. 13,604.44 paise was due to the plaintiff, the State Bank of India, from the deceased Satya Narain Singh, his heirs towards principal and interest the relating to the instalment credit loan on the date of the institution of the suit. Hence, the suit was brought by the plaintiff for recovery of Rs. 13,601.44 paise on the basis of the mortgage deed from the defendants, besides interest pendente lite and future, as detailed at the foot of the plaint,

(3.) It may be stated that defendant/respondent No. 3 died during the pendency of this appeal.