STATE BANK OF INDIA Vs. GHULAM NABI

JUDGEMENT

(1.) Heard learned counsel for the appellant.This appeal is directed against the judgment passed by Additional District Judge, Ramban in File No. 26 Civil, dated 3-6-1987 By impugned judgment trial Court has decreed the suit of the appellant, (hereinafter referred to as plaintiff) for the recovery in the sum of Rs. 23755.55 against the defendants. But neither the cost of the suit nor pendente lite interest from the date of the filing of the suit till the realisation has been granted. In the present appeal, the plaintiff has made precise grievance in this behalf.

(2.) Brief facts giving rise to this case need to be noticed which are as under :-Defendant No. 1 approached plaintiff-Bank for grant of loan in the sum of Rs. 15,000/-. This prayer of defendant No. 1 was favourably considered and the loan was duly provided to him by the plaintiff. For due repayment of this loan, defendant No. 2 furnished continuing personal guarantee, wherein amongst other things he undertook to repay outstanding amount with interest and costs etc. in terms of loan documents. Defendants Nos. 1 and 2 executed hundi Ex.PW and endorsed it in favour of the plaintiff-Bank, defendants executed agreement of hypothecation Ex.PW-1 and defendant No. 2 also executed agreement of guarantee Ex.PW-2.

(3.) Availing of loan and execution of these documents stood proved from the ex parte statement of PW 1 Mr. R. K. Maiter, who appeared in the Court below on behalf of plaintiff. After considering the exparte evidence produced by the plaintiff, suit of the plaintiff was decreed as aforesaid without interest and costs.