RAMSWAROOP Vs. STATE BANK OF BIKANER AND JAIPUR

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 28.4.1981 passed in Civil Suit No. 33/1979.

(2.) Brief facts of the case are that the plaintiff respondent No. 1 -Bank filed the suit for recovery of Rs. 13,156.15 against the defendant Nos. 1, 2 and 3. The defendant No. 1 is the borrower, got the loan of Rs. 10,000/-from the plaintiff-Bank which was sanctioned as back as on 3.7.1976 by the plaintiff-Bank. The defendant Nos.2 and 3 gave guarantees for repayment of the above amount. The loan amount was not paid either by the borrower nor by the guarantors, therefore, the plaintiff filed the suit on 1.6.1979 before the trial court for recovery of the aforesaid amount alongwith interest. The written statement was filed by defendant No. 1 denying the liability. Defendant Nos. 2 and 3, who were the guarantors, submitted separate written statement. The trial court recorded statement of the defendant under Order 10 Rule 71 of the Code of Civil Procedure on 1.5.1980. The defendant No. 1 admitted the documents filed by the plaintiff-Bank, therefore, the documents were marked as Ex. 1 to Ex. 10. These documents are, therefore, admitted documents. In view of the admission of the documents by the borrower, issues were framed placing burden upon the defendants and the case was fixed for the evidence of the defendants. The defendants came in the witness-box as DW-1 and DW-2. The evidence was closed of the defendangts and, thereafter, the plaintiff and defendant No. 1 submitted a compromise before the trial court on 27-11-1980. The compromise, as a whose, is relevant which is required to be considered in this appeal and, therefore, it would be useful to quote the same in extenso which reads as under;- (Matter in other language)

(3.) In view of the above compromise, the trial court passed the decree on 5.12.1980 for the entire suit amount of Rs. 13156.15. The costs of the suit was also awarded in favour of the plaintiff and against defendant No. 1. The trial court, in view of the compromise between the plaintiff and defendant No.1 passed the decree for payment of the amount in installments; the first installment was to be paid by defendant No. 1 was of Rs. 3.000/- and was payable by 10-12-1980 and the rest of the amount was to be paid by the defendant No. 1 in installments of Rs. 700/- per month to the plaintiff. The first installment of Rs. 700/- was to be paid by 1.1.1981 and, thereafter, every month. It weas provided in the decree that in case of two defaults of payment of the installments by the defendant No. 1, the plaintiff will have a right to recover the entire amount. The trial court granted the interest from the date of the suit as per the interest rate of the Bank which is to be paid by defendant No. 1.