STATE BANK OF INDIA Vs. LEELAM KHAN

JUDGEMENT

(1.) This revision petition u/s 115 CPC is directed by the plaintiff petitioner against the order dated 3/11/1989 of the Addl. District Judge N.6, Jaipur city, Jaipur passed in Civil Suit No. 88/89 under which order the application filed by the plaintiff petitioner under Order 22, Rule 4 r/w Order 6, Rule 17 and Section 151 CPC was dismissed.

(2.) The facts of the case raised in this revision petition are to be briefly stated.

(3.) The parties in this order henceforth are mentioned as plaintiff and defendants for brevity and sake of convenience. The plaintiff filed a suit against the defendants Leelam Khan, Bhanwar Lai Samodia and Prem Prakash Goyal for recovery of Rs. 2,39,577.94 in the court of District Judge, Jaipur City, Jaipur. The defendant Leelam Khan applied for medium term loan for purchasing a chasis of a truck and for building the body thereof. A loan of Rs. 1,98,625/- was advanced by the plaintiff and an agreement of medium term loan by hypothicating the vehicle i.e. truck has been executed by defendant No.1. The defendant Nos. 2 and 3 stood guarantor and executed guarantor-deed in favour of the defendant No. 1. The loan has not been repaid and that is how the suit has been filed for recovery of the same with interest in the court.