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1964 Supreme(AP) 12

CHANDRASEKHARA SASTRI, MANOHAR PERSHAD
Ratan Lal – Appellant
Versus
Commercial and Industrial Bank Ltd – Respondent


CHANDRASEKHARA SASTRY, J.

( 1 ) THESE two appeals are against the decree in O. S. No. 173 of 1958 on the file of the City Civil Court, Hyderabad. The Commercial and Industrial Bank Ltd. , is the plaintiff. There are seven defendants in the suit. The suit is filed to recover a sum of H. S. Rs. 22,0606-8-0, which is equivalent to I. G. Rs. from the defendants. The plaintiffs case is that on 29-7-46, the defendants borrowed. I. G. Rs. 25,000. 00 from the plaintiff bank promising to pay the same with interest at 1% per month and executed a promissory note and a receipt making themselves jointly and severally liable for the amount. In a paragraph 5 of the plaint. it is alleged that the defendants paid certain on several times, the last payment being made on 18-1-51, and the balance due as per the extract of the loan account filed with the plaint being Rs. 18,908-14-6. In paragraph 7 of the plaint it is stated that, as the last payment was made on 18-151 and some letters have been sent to the bank accepting the balance and promising to pay the amount due the suit is within time and that the said letters would be filed afterwards, if necessary.

( 2 ) THE 1st defendant admitted the executi






















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