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1986 Supreme(Kar) 202

P.A.KULKARNI
R. LILAVATI – Appellant
Versus
BANK OF BARODA – Respondent


P. A. KULKARNI, J.

( 1 ) THIS is a defendant 4's revision against the judgement and decree D/-15-7-1983 passed by the I Additional Small Causes Judge, Bangalore City, in S. C. No. 137/82 decreeing the suit against all the defendants including defendant-4.

( 2 ) THE plaintiff granted credit facility to defendants - 1 to 3 in the name of their firm - defendant-1. The first transaction was the demand loan of Rs. 12,000/- and the other was cash credit hypothecation facility to the limit of Rs. 25,000/ -. Ultimately after giving deduction to the amounts paid, the suit was filed by the plaintiff Bank for Rs. 8,644-08. Defendant 4 had stood surety for both the loans.

( 3 ) DEFENDANTS 1 to 3 did not contest the suit. It is only defendant 4 that resisted the suit. She raised a contention that as the plaintiff creditor allowed the hypothecated properties to be lost, her liability as a surety stood discharged the second contention urged is that the acknowledgement given by defendants 1 to 3 in order to keep their debts alive does not bind her as she has not signed the acknowledgement.

( 4 ) THE trial court negatived all the contentions of defendant 4 and decreed the suit.

( 5 ) THE material po










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