M.JAGANNADHA RAO, A.D.SINGH
BHISHAM SAWHNEY – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS is an appeal against the order of the learned Single Judge dated July 7,1993 whereby IA No. 4262 of 1990 underorder 39 rule4cpc filed in Suit No2011 of 1986 was rejected on the ground that the appellants, who had moved the application, were not parties in the suit.
( 2 ) THE brief facts giving rise to this appeal are as under: State Bank of India, respondent No. 1 /plaintiff filed a suit in respect of loans and facilities lent and advanced to respondent 2/ defendant I. Respondents 3 and 4/ defendants. 2 and 3 are the guarantors in respect of loans sanctioned and advanced by respondents 1 and 2. Respondents 5 to 10, who are defendants 4 to 9, in the suit are the legal heirs of late Shri Ram Gopal who was also a guarantor in respect of the various loans advanced by the respondent No. 1 to respondent No. 2. In the suit, the following reliefs,inter alia, are claimed against the respondent 2 to. 10: (a) This Hon ble court be pleased to pass a money decree against defendant No. 1 to 9 jointh and severally in the sum of Rs. 27,23,886. 65 Bhisham Sawhney and another Vs. U. O. I. and Others 319 together with further interest at the rate of 17. 5% p. a. with quar
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