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2018 Supreme(HP) 2179

TARLOK SINGH CHAUHAN
Ved Parkash – Appellant
Versus
Kangra Central Co-operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjeev Bhushan, Senior Advocate with Ms. Abhilasha Kaundal, Advocate.
For the Respondents:Mr. Rakesh Thakur, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

Issue notice, confined to respondent No.1. Mr. Rakesh Thakur, Advocate, appears and waives service of notice on its behalf.

2. With the consent of the parties, the case is taken up for final hearing.

3. The defendant No.3-Guarantor is the petitioner, whose application (CMA No. 153/2018 in Civil Suit No. 7/12) under Order 8 Rule 9, Order 6 Rules 16 and 17 read with Section 151 CPC has been dismissed by the learned trial court vide order dated 4.9.2018, constraining him to file the instant revision petition.

4. The brief facts giving rise to this petition are that respondent No. 1/plaintiff filed a suit for recovery against petitioner/defendant No.3 and proforma respondents No. 2 and 3/defendants No. 1 and 2 (hereinafter, the parties to be referred to as the “plaintiff” and “defendants”). Defendant No.1 is the principal borrower, whereas defendants No. 2 and 3 are guarantors. Defendant No.1 filed his written statement, wherein he denied all the averments contained in the plaint including availing of the loan or defendants No. 2 and 3 having stood guarantors qua the same. This written statement was initially adopted by defendant No.3.

5. During trial, def

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