1. In 1989 between the husband Ram Shankar Singh and his wife Nirmala Devi they procured a loan of Rs. 4 lakhs from the Bihar State Financial Corporation, Bhagalpur. The application by which the loan was granted was formalised and the sanction was made on 5.9.1990 (Annexure 2 to the writ petition). The amount which was given as loan was Rs. 4 lakhs. The purpose of the loan was to purchase a truck, a Tata Diesel Model LPT 1210 B/48 with GBS 40 alongwith six Nylone Tyres fitted with body. When it came down to the payment of the loan, the petitioner between 1991 and 1998 made some payment by 18 instalments. The highest amount paid was the first instalment being Rs. 30,000.00 on 23rd April, 1996 and other instalments were Rs. 5,000.00 an amount lesser than the higher instalment ever paid.

2. In accounting it is understood that any instalment paid is first adjusted against the interest. Since the petitioner did not discharge the loan for 12 years consequently recovery proceedings were taken out and the recovery proceedings, the counter-affidavit mentions, stood at Rs. 15.05 lakhs.

3. The husband and the wife seem to be complementing each other as partners when they went to recei