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2000 Supreme(Ker) 536

S.SANKARASUBBAN, A.LEKSHMIKUTTY
George – Appellant
Versus
Bank of India – Respondent


Judgment :-

S. Sankarasubban, J.

This appeal is preferred by the defendants in O.S. No. 225/85 on the file of the Additional Subordinate Judge's Court, Ernakulam. The plaintiff in this case is the Bank of India. The suit was filed for realisation of amounts due from the defendants. The prayer in the suit was to grant and declare that the defendants pay to the plaintiff-bank jointly and severally a sum of Rs. 1,53,654.09 ps. together with future interest on the sum at 17.5 per cent per annum, from the date of the suit till the date of realisation and also to grant an order of attachment of immovable property having an extent of 10 cents in Sy. No. 711/6-7 of Cheranelloor Village belonging to the 2nd defendant which was offered as a collateral security by way of equitable mortgage for repayment of the loan in favour of the plaintiff and also for other consequential reliefs.

2. Many contentions were raised by the defendants in the suit including the question of limitation. The court below found that the suit was not barred by limitation. It also took into consideration the fact that mortgage by deposit of title deeds have been created and so, there is no question of limitation. In the m




















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