SUMAN PRAKASH JUNEJA AND ANOTHER Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE NO 1, JAIPUR CITY, JAIPUR AND ANOTHER

JUDGEMENT

(1.) In this petition, under Article 226/227 of the Constitution, the petitioners challenged the judgment and decree passed by the Additional District & Sessions Judge No. 1, Jaipur City, Jaipur in Civil Suit No. 15/82 (85/82).

(2.) In brief, the facts of the case are that respondent No. 1 -State Bank of Bikaner & Jaipur (SBBJ) filed a civil suit for recovery of Rs. 50,487.84 against the petitioners and their firm. This amount, as per the plaintiff-Bank, was outstanding against the defendants on the date of filing of the suit towards the advances made to them under cash-credit-pledge limit facility and the bill purchase facility. The defendants filed their written-statements. Notices of the pleadings, issues were framed by the trial Court and, after recording evidence of the parties, the plaintiff's suit was decreed vide judgment and decree dated August 19, 1992, for Rs. 50,487.84 with interest at the rate of 14 per cent per annum from the date of filing of the suit.

(3.) Admittedly, a regular appeal is maintainable against the aforesaid judgment and decree, as provided u/s. 96, Code of Civil Procedure. However, the defendants, instead of filing a regular appeal, have preferred this petition under Art. 226/227 of the Constitution.