This regular first appeal has been preferred by the plaintiff of Title Suit No. 54 of 2006 challenging the judgment and decree dated 25.5.2009 whereby the suit of the plaintiff was dismissed holding the same not maintainable.

2. The brief facts involved in the appeal be stated first. One Smti Tanuja Baruah as plaintiff instituted Title Suit No. 54 of 2006 in the court of learned Civil Judge at Tinsukia. On 8.9.2006 she stated that pursuant to her application dated 24.8.2005, the defendant bank sanctioned agricultural term loan limit of Rs.6,00,000/- as embodied in the sanction letter dated 12.11.2005 for pig farming and livestock and other asset of the firm was pledged/hypothecated as primary security. The firm was situated at Borbheta Bongali Gaon, Mouza Tipling , PS Bordubi in the district of Tinsukia. The collateral security was executed by plaintiff by mortgaging land measuring 6 Bigha belonging to one Madhab Barua of the same village. But the bank wrote the name of owner as Bhuban Barua wrongly. After the firm was commissioned, the pigs were attacked by disease and consequently they died in large number and plaintiff could hardly earn Rs. 23,780/- by sale of few heal