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2003 Supreme(P&H) 1692

M.M.KUMAR
Punjab National Bank – Appellant
Versus
Khazan Singh – Respondent


Judgment

1. This is plaintiffs appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree passed on 27-7-1982 by the District Judge, Gurdaspur dismissing the suit of the plaintiff appellant and also setting aside the judgment and decree dated 8-4-1982 passed by the Sub-Judge Ist Class, Batala.

2. The plaintiff-appellant which is a body corporate under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 filed Civil Suit No. 12 of 1979 on 8-1-1979 for recovery of Rs. 15255-94 paise against defendant-respondent No.1 Khazan Singh. The suit was filed through Dev Raj Khanna, their general attorney. It was asserted that on a request made by defendant-respondent No.1, loan of Rs. 11,000/- was advanced by the appellant-Bank through its Qadian Branch. The purpose of the loan was purchase of a Bajaj Tempo three-wheeler auto-rikshaw. The loan amount, on the instructions of defendant respondent No.1, was paid to M/s. Doaba Automobile, Amritsar, a firm dealing in Bajaj Tempo three-wheeler. Defendant -respondent No.1 executed a number of documents which included a promissory note in favour of the plaintiff-appellant as a token of rec




























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