SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1984 Supreme(MP) 264

C.P.SEN
PUNJAB NATIONAL BANK, BETUL – Appellant
Versus
DEVIRAM – Respondent


Advocates Appeared:
J.P.SANGHI, N.P.Dubey

C. P. SEN, J.

( 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






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top