LAWS(RAJ)-2009-10-50

STATE BANK OF BIKANNER JAIPUR Vs. SHEONATH

Decided On October 29, 2009
STATE BANK OF BIKANNER Appellant
V/S
SHEONATH Respondents

JUDGEMENT

(1.) THIS is plaintiff's first appeal filed against the judgment and decree dated 21/12/1988 passed by Additional District Judge, Jaipur District, Jaipur in Civil Suit No.39/1988 whereby plaintiff's suit for recovery of money has been dismissed holding it to be time barred.

(2.) THE controversy involved in the present matter in nut shell is that the plaintiff-bank advanced two loans one of Rs.3000/- and another of Rs.3300/- to defendant no.1 upon mortgage of his agricultural land with the plaintiff-bank on 5/1/1973 and the last installment was made payable on 31/12/1975 but the defendant no.1 failed to make the payment, therefore, a suit for recovery of Rs.18805.86 came to be filed.

(3.) NOW the crucial point for consideration is as to what is the date in the instant matter when the money became due ?