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1997 Supreme(AP) 276

B.S.A.SWAMY
Indian Overseas Bank – Appellant
Versus
Kandimalla Narsaiah – Respondent


B. S. A. SWAMY, J.

( 1 ) THIS Revision petition is filed against the order of the Subordinate Judge, Nalgonda in C. F. R. No. 1724/96, dated 22-11-1996 wherein the Sub-Judge held that the against defendants 2 and 3, the guarantors for the loan availed by the 1st defendant, is time barred as they did not sign revival letters.

( 2 ) WHILE ordering notice on admission, I called for a report of the Sub-Judge to explain the circumstances under which he has taken the above view and the legal provision with reference to the limitation. Accordingly, he submitted his report in Dis. No. 3322/97 dated 28-2-1997. In the meantime, the notices sent were served on the parties but they did not choose to appear before this Court, when the matter is taken up for hearing. Hence I am constrained to dispose of the revision petition on merits.

( 3 ) IT is not in dispute that the 1st defendant availed term loan facility from the plaintiff Bank on 27-1-1988 and defendants 2 and 3 stood as guarantors for prompt payment of the amount by depositing their title deeds creating an equitable mortgage on the properties which is commonly followed by the financial organisations having statutory power. It is seen fro





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