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1989 Supreme(MP) 188

GULAB C.GUPTA
Vimla Pradhan – Appellant
Versus
United Commercial Bank – Respondent


Advocates:
P.P. Neolekar for appellants; K.L. Issrani for respondents.

JUDGMENT

Gulab C. Gupta, J. -- 1. This first appeal filed under section 96 of the Code of Civil Procedure, is directed against the judgment and decree dated 15th April, 1985 passed by Shri K.K. Saxena, IInd Additional Judge to the Court of District Judge, Bilaspur in Civil Suit No. 11-B of 1978, holding the appellants responsible, jointly and severally with respondents No.2, 3 and 4, to the sum of Rs. 14,084.56 p. together with interest at the rate of 11 per cent per annum.

2. Facts of this case are more and less settled. It is no longer in dispute that respondent No.2 Sharad Kumar Thawait borrowed a sum of Rs. 30,000/- from the respondent Bank for purchasing a Matador pick-up van which was granted to him. The original defendant Bhaskar Prasad whom the appellant now represents, had guaranteed the aforesaid loan by executing document of guarantee dated 5.3.1974 (Ex.P.3). From this document is appears that the guarantee was continuing guarantee and was to terminate only with the liability of the borrower respondent No.2. It, however, appears, that the said amount could not be paid by the borrower necessitating action by the respondent Bank. On 12.11.1976, the account between responde











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