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2002 Supreme(Ker) 80

S.SANKARASUBBAN, R.BHASKARAN
Squadron Leader K. J. George – Appellant
Versus
The State Bank of Travancore – Respondent


Judgment :-

S.Sankarasubban, J.

Fourth defendant in O.S. No. 89 of 1988 of the Sub Court, Ernakulam is the appellant. Respondent is the plaintiff in the suit, viz., The State Bank of Travancore, Cochin Branch. The suit was filed by the plaintiff for the recovery of a sum of Rs.90,182.05 alleged to the due from the defendants to the plaintiff with interest and costs. The first defendant in the suit is The Queens Engineering Works, which is a partnership Firm with defendants 2 to 5 as partners.

2. The firm was granted an over draft facility for Rs. 40,000/- on 10.6.1982 and a medium term loan of Rs. 50,000/- on 9.2.1983. The necessary security documents were furnished to the respondent/Bank. The defendants executed revival letters in respect of the over draft facility and medium term loan account facility. Since the amount was not paid, the suit was filed.

3. In paragraph 13 of the plaint, the plaintiff stated that the defendants executed the revival letter for the over draft facility on 24.5.1985 and on 10.1.1986 the medium term loan was revived. Hence, the suit is not barred by limitation. It is also stated that notices were sent to all the defendants.

4. The fourth defendant filed a w









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