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1986 Supreme(Mad) 416

SWAMIKKANNU
Muthian and Another – Appellant
Versus
Syndicate Bank – Respondent


Advocates Appeared:G. M. Nathan, Miss M. B. Dominique, S. Sampath Kumar, Advocates.

Judgment :-

SWAMIKKANNU J.

This is an appeal by the defendants in O.S. No. 174 of 1978 on the file of the Court of the Subordinate Judge, Udumalpet, against the judgment and decree of the trial court dated September 24, 1979, decreeing the suit for recovery of a sum of Rs. 12, 533.55 said to be due on a promissory note dated February 16, 1970, executed by the defendants in favour of the respondent bank, for Rs. 22, 900 repayable with interest thereon at 18 per cent. per annum. The appellants have restricted their dispute in the appeal to a sum of Rs. 7, 000 admitting their liability to pay the balance of Rs. 5, 533.55.

The case of the respondent bank before the lower court is as follows : For the purchase of a tractor, trailer and their accessories, the first defendant, Muthian, got a loan of Rs. 22, 900 from the respondent bank and he and the second respondent as his surety executed a promissory note under exhibit A-1 for the said amount in favour of the respondent bank on February 16, 1970, agreeing to repay the said loan with interest at 9 per cent. per annum. Thus, the liability of the second defendant is joint, several and co-extensive with that of the first defendant. As per th































































































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