JUDGMENT :

Ashok Bhushan, J.

The plaintiff-appellant has filed this appeal against the judgment dated 10th April, 2002 in A.S. No. 388 of 1992 of Kerala High Court by which the High Court dismissed the appeal filed by the plaintiff-appellant in which appeal the judgment of the trial court dated 29.05.1991 dismissing the suit was assailed.

2. The brief facts necessary to be noted in this appeal are :

The plaintiff-appellant is a public limited company carrying on a business of extending hire purchase facilities for commercial vehicles. The plaintiff and the first defendant had entered into an agreement dated 20.09.1983 by which plaintiff had financed an amount of Rs.1,47,000/-. The first defendant, the hirer was to clear off entire amount due in 36 monthly instalments. The first defendant committed default in payment of instalments with effect from 20th May, 1984. The plaintiff seized the vehicle No. KLI2447 on 9th February, 1985. Thereafter, the plaintiff vide letter dated 12th February, 1985 called upon the defendants to settle the contract within 10 days from the date of the rece