B.C.VARMA
SATISH MINOCHA – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent
( 1 ) THE non-applicant No. 1 Punjab National Bank, Branch Bilaspur, obtained a money-decree against the principal debtor non-applicant No. 2 and applicant the guarantor. The non-applicant, Punjab National Bank advanced certain loan to the non-applicant No. 2 who in turn hypothecated his tempo with it. The applicant was the guarantor. The loan could not be paid. The non-applicant No. 1, the Bank, had to file a suit for recovery of that loan joining the applicant also as one of the defendants. That suit was decreed against both of them. The decree makes the applicant and the non-applicant No. 2 jointly and severally liable and also creates a charge upon the tempo. The relevant term of the decree is as follows: "ordered and decreed that the defendants do pay to the plaintiff - the sum of Rs. 165319. 90 paise with interest thereon at the rate of 11 per cent per annum from 5-7-76 to the date of realization of the said sum and do also pay Rs 2677. 00 on account of costs of this suit, with interest thereon at the. . . . . . . . . . . . . . . . . . . . . . . . Given under my hand and the seal of the Court 4th day of April, 1977. " -The decree was not satisfied by the judgm
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