VALMIKI J. MEHTA, J

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff/bank impugning the Judgment of the Trial Court dated 19.10.2016 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs. 5,04,843.65/- alongwith interest.

2. At the outset, it may be noted that there were three defendants in the suit, and they were proceeded exparte, and therefore, there is neither any pleading nor any evidence led by the defendants.

3. The facts of the case are that the appellant/plaintiff granted a loan to the respondent no.2/defendant no.2, who was carrying on the business in the name of his proprietorship firm. The respondent no. 2/defendant no. 2 was granted an 'Express Business Loan' of Rs. 15,01,000/- and for this purpose the respondent no.2/defendant no. 2 executed the necessary documents being the Agreement dated 08.08.2011, Demand Promissory Note and Demand Promissory Note Delivery Letter both dated 08.08.2011 etc. The sole proprietorship concern of the respondent no. 2/defendant no. 2 became a Private Limited Company and this company was sued as the defendant no.1 in the