SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2000 Supreme(J&K) 185

O.P.SHARMA
Guru Nanak Rice Mills, Arnia – Appellant
Versus
Punjab National Bank Ltd. – Respondent


Advocates Appeared:
Advocate For Appellant: Raghu Mehta
Advocate For Respondent: V.K. Chopra

This is defendants appeal under Section 96 of the Code of Civil Procedure. The appeal is against the judgment and decree dated 28-11-1991 passed by the District Judge (Bank cases) Jammu whereby suit for recovery of Rs. 2,26,922.97 has been decreed. The plaintiff sought recovery of the amount which was advanced to M/s. Guru Nanak Rice Mill, Arnia, a partnership firm of which appellants and respondents No. 2 to 8 were partners. As the amount of loan was not paid the Punjab National Bank respondent herein filed the suit which has been decreed.

2. While the appellants pleaded limitation as bar to the suit the respondents No. 2 to 8 denied their liability on the ground that partnership stood dissolved with effect from 21-8-1980 and therefore, they were not liable.

On the pleadings of the parties the following issues were framed :-

"1. Whether the plaintiff is entitled to recover an amount of Rs. 2,26,922.97 with interest @ 12% p.a. with quarterly rests till realisation from all the defendants? OPP

2. Whether the documents referred to in para No. 10 have been duly executed by the defendants? OPP

3. Relief."

3. The learned trial Court found both the issues in favour of the plaintiff-bank and




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top