OM PRAKASH Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THE instant first appeal has been filed against the judgment & decree dated 18/01/1996 passed by the court of learned District Judge No. 1, Bhartpur in Civil Suit No. 66/1994 (Union Bank of India Vs. Om Prakash) by which, it has decreed the suit in favour of the plaintiff -respondent for Rs. 82,159.70.

(2.) THE facts giving rise to this appeal in brief are that plaintiff -respondent filed a suit for recovery of the amount of Rs. 84,193.30 paisa on the ground that the defendant -appellant took a loan of Rs. 25,000/ - for the purpose of his business for 'tendu leaves' and executed the documents on 30/11/1981 but the loan amount has not been paid. In written statement, contention of the appellant was that he never took any cash loan and only a limit was fixed by the bank against which goods were being pledged and it was the obligation of the bank to recover the amount after sale of the goods and by default of the plaintiff -respondent if goods have become perished, it was the fault of the plaintiff and money could not be recovered from him. After hearing the parties, the court below has decreed the suit. Hence, this first appeal.

(3.) PER contra, the contention of the counsel for the plaintiff -respondent is that there is no infirmity in the impugned judgment.