KOUSHALYA Vs. STATE BANK OF BIKANER AND JAIPUR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the Additional District Judge No. 1, Jodhpur on 19th November, 97 in civil suit No. 155/95 by which the plaintiff-respondent's suit was decreed against the appellant-defendant for a sum of Rs. 69,392/- with interest on the principal amount of Rs. 49,649.00 @ 14% per annum from the date of the institution of the suit to the date of payment. By the impugned judgment and decree the respondent-defendant was further authorised to sell the property which had been hypothecated by the appellant-plaintiff for the purpose of recovery of the decretal amount.

(2.) The facts relevant for the disposal of this appeal may be briefly stated as below :-

(3.) Regarding the cause of action, it was stated in the plaint that the cause of action accrued on 12-2-88 when the agreement for loan was executed and the cause of action also accrued on the day when the interest, which had accrued on the amount of subsidy was adjusted towards the loan amount and also on 13-3-93 and 31-3-93 when two documents executed by the defendant acknowledging her liability to pay the amount. It was stated in the plaint that cause of action also accrued on 27-1-95 when the sum of Rs. 1,000/- was paid by the defendant.