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1997 Supreme(Ker) 404

D.SREEDEVI
Indian Bank – Appellant
Versus
C. K. Syed Mohammed – Respondent


ORDER

D. Sreedevi, J.

1. This Civil Revision Petition is directed against the decree and judgment dated 9th April, 1992 in SCS No. 33 of 1991 on the file of the Munsiff's Court, Aluva. Plaintiff is the revision petitioner.

2. The plaintiff Bank filed SC No. 33 of 1991 for realisation of money. The first defendant obtained financial assistance from the plaintiff for the purpose of, purchasing a country boat and fishing net. The first defendant was granted a ' loan of Rs. 3,000/- on 7.4.1982, by way of security the first defendant executed a demand promissory note on 7.4.1982 for a consideration of Rs. 3,000/- together with interest at the rate of 12 1/2% per annum with quarterly rests. It was agreed to pay the amount in 24 instalments. As a further security for the term loan, the second defendant executed an agreement of guarantee dated 7.4.1982. In renewal of the promissory note, the first defendant executed a demand promissory note dated 28.1.1985 for a sum of Rs. 3,000/- and interest. By letter dated 28.1.1985 addressed to the Manager, the first defendant acknowledged the liability under the note. Subsequently, the first defendant in renewal of the demand promissory note dated 28.1








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