( 1 ) THE Central Bank of India, the 1st respondent herein/plaintiff instituted the suit o. S. No. 78/81 on the file of Subordinate judge, Ramachandrapuram, as against m/s. East Coast Oil Expellers Limited, and others for recovery of amount by passing a preliminary mortgage decree and also the other suitable reliefs inclusive of personal decree as against certain of the defendants and the learned Subordinate Judge on appreciation of the evidence available on record decreed the suit by Judgment dated 25-8-1994 as against all the defendants and the same had attained finality as against all the other defendants except the 7th defendant since the other defendants had not chosen to challenge the said Judgment and decree. However, aggrieved by the same, the 7th defendant alone had preferred the present appeal.

( 2 ) SRI Ramachander Rao, the learned counsel representing the appellant/7th defendant had taken this Court through the respective pleadings of the parties and the issues settled and the findings recorded by the trial Court and would maintain that there are several serious infirmities which had lost sight of by the trial Court and in view of those infirmities, the suit as against

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