J&K BANK LIMITED Vs. VINAY KUMAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. R.K. Jain, learned counsel appearing for the appellant Bank.

(2.) THIS appeal is preferred against the judgment dated 26.4.2005 made in CIA. No. 25 -A of 2000, whereby the learned single Judge upheld the Judgment and Decree dated 20.5.2000 in C.S. No. 39 of 1988 made by the learned District Judge, Kathua.

(3.) A Civil suit in File No. 39 of 1988 was filed on the file of the District Court, Kathua, for recovery of the said amount against the said Viney Kumar (D1) and the guarantors viz., Dev Raj and Paras Ram (D2 & D3). The first defendant Viney Kumar did not appear and he was set ex parte. Defendants 2 and 3 appeared before the Court and contested the suit. According to the defendants 2 and 3, they have not executed any guarantee deed in favour of the bank, and therefore they cannot be held liable to make any payment. The Trial Court framed four issues viz.,