N.A. Britto, J.

The appellant/State Bank of India has filed the present appeal against the judgment/decree in special civil suit No. 81/1981 passed by the learned First Additional Civil Judge, Senior Division, Mapusa by which the suit filed by the Bank against the defendant No. 3 has been dismissed.

2. The said suit filed by the said Bank was earlier decreed against all the defendants by Judgment dated 16.07.1988, but only defendant No.3 (respondent No.1) preferred an appeal to this Court, being First Appeal No. 111/1988, and the Division Bench of this Court by Judgment dated 26.11.1996 allowed the appeal and set aside the said Judgment/Decree dated 16.7.1988 only to the extent it related to the defendant No. 3 and directed the learned Civil Judge Senior Division to frame fresh issues in the light of the pleadings of the defendant No.3 and decide the matter afresh according to law.

3. Accordingly the learned First Additional Civil Judge Senior Division framed as many as eight issues and after the parties represented before him that they did not wish to lead any further evidence, proceeded to decide the suit based on the evidence earlier recorded.

4. The case of the appellant/Ba