C.P.SEN
PUNJAB NATIONAL BANK, BETUL – Appellant
Versus
DEVIRAM – Respondent
( 1 ) THE applicant-plaintiff has preferred this revision against the order of the trial Court rejecting its application for review as not maintainable.
( 2 ) THE plaintiff is a nationalised bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The plaintiff gave agricultural loan of Rs. 1400/- to late Khushalchand, father of defendants-non-applicants 1 to 4 for purchase of water-pump and motor for agricultural purposes. The non-applicant No. 5 defendant 5 was a guarantor of the loan taken. The plaintiff filed a suit for recovery of Rs. 3731. 40/- against the defendants for recovery of the loan amount with interest. The defendants 1 to 4 resisted the suit denying their liability since their father had taken the loan without their consent or knowledge, the plaintiff has a cheaper remedy by raising a dispute before the Assistant Registrar and in order to increase the expenses and harass the defendants this suit has been filed. However, on 30-11-1981 the plaintiffs counsel conceded that under S. 5 of the M. P. Public Moneys (Recovery of Dues) Act, 1981, the suit has abated and the suit was dismissed but on 1-1-1982 an applicat
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