Prathiba M. Singh, J.

CM APPL. 3036/2017 (delay)

1. Delay is condoned subject to costs of Rs.5,000/- to be deposited with the Delhi High Court Legal Services Committee. CM is disposed of.

RFA 90/2017

2. The present appeal arises out of the impugned judgment and order dated 9th May, 2016 by which the suit filed by HDFC Bank - Appellant/Plaintiff (hereinafter, 'Plaintiff') against the Defendants/Respondents (hereinafter, 'Defendants') was dismissed on the ground that the provisions of Section 65B of the Indian Evidence Act, 1872 (hereinafter, ‘Evidence Act') were not complied with.

3. Briefly stated - a suit for recovery was filed seeking recovery of a sum of Rs.8,26,397/- against the Defendant Nos.1 & 2. Defendant No.1 was borrower and Defendant No.2 was co-borrower. Defendant No.1 had applied for a loan of Rs.15 Lakhs. He entered into a loan agreement/credit facility application form with the Bank. The original loan agreement is exhibited as Ex.PW-1/2 on record. The Bank had disbursed a loan of Rs.15 Lakhs to the Defendants in terms of the loan agreement no.11216814 dated 1st March, 2007. The Defendants had to repay the loan in equal monthly instalments out of which some insta