NAND LAL BIJARIYA Vs. UNITED COMMERCIAL BANK

JUDGEMENT

(1.) This appeal under Sec. 96 Code of Civil Procedure by the defendants arises out of the judgment and preliminary decree dated 18.12.1987 passed by the learned Additional District Judge, Sikar, whereby the learned Judge has decreed the plaintiff's suit for Rs. 32431.03 with interest.

(2.) The plaintiff bank filed a suit against the defendants for recovery of a sum of Rs. 32431.03/- with the averments that defendant appellant Nand Lal took a loan of Rs. 4000.00 each in the years 1969 and 1970 for the purposes of installing a Pump Set in his agricultural land and defendant respondents No. 2 to 4 extended guarantee for repayment of the loan amount. In obtaining the loan the defendant also mortgaged his agricultural land as a measure of security. The appellant also agreed to pay interest @ 9% on the loan amount. On account of failure on the part of the appellant to repay the loan and interest, the plaintiff bank filed a suit against the appellant and and his guarantors, respondents No. 2 to 4. The defendant appellant, by filing written statement, denied the averments made in the plaint. The defendant respondents No. 2 to 4 who extended guarantee did not file written statement and accordingly ex-parte proceedings were drawn against them.

(3.) On the basis of pleadings of the parties, the learned trial court framed issues and at the conclusion of trial decreed the plaintiff's suit for Rs. 32,431.03 along with interest @ 12% p.a. With effect from filing of suit till realisation. Hence the present appeal.