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1981 Supreme(P&H) 333

J.V.GUPTA
Mohinder Singh Jubbal – Appellant
Versus
Grindlays Bank Ltd. – Respondent


Judgment

1. This revision petition is directed against the order of the trial Court dated Aug. 12, 1981, whereby the two preliminary issues, arising in the suit for the recovery of Rs.16,74,596.98, out of which the present revision petition has arisen, have been decided against the defendant-petitioner.

2. M/s. Grindlays Bank Limited, the plaintiff-respondent, filed a suit on Sept. 25, 1978, on the allegations that defendant-respondent No.2 was a partnership firm while defendants-respondents Nos.1 and 3 were its partners and had been carrying on the business in their factory at Faridabad and that defendants Nos.1 and 3 were also the guarantors for the re-payment of the amount due to the plaintiff from defendant-respondents No.2. It was also alleged that the defendants had been taking loans from the plaintiff from time to time and, thus the total amount of Rs. 11,57,684.17 was due to the plaintiff from the defendants. It was also alleged that a sum of Rupees 5,16,912.82 was due to the plaintiff as interest and that the total amount due to it, thus, came to Rs. 16, 74,596.98. Since the petitioner created mortgage over his property by depositing the title deeds of his property with it,
















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