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1993 Supreme(MP) 596

FAIZAN UDDIN
Ramashre Chandrakar – Appellant
Versus
Dena Bank – Respondent


JUDGMENT

Faizanuddin, Actg. C.J.

1. This second appeal by the principal debtor/ defendant No. 1 has been preferred against the judgment and decree dated June 13, 1985, passed by the first additional judge to the Court of District Judge, Durg, in Civil Appeal No. 12A of 1982, arising out of the judgment and decree-dated October 30, 1981, passed by the Additional Civil Judge, Class-I, Durg, in Civil Suit No. 9A of 1980,

2. The plaintiff/respondent No. 1, Dena Bank, is carrying on banking business. It has its branch at Gunderdehi, Tahsil and district Durg. The appellant/defendant No. 1, Ram Ashre Chandrakar, applied to the respondent-bank for grant of loan to meet his agricultural needs, namely, for purchase of seeds and fertilizer for cultivation of his land. The respondent-bank granted a loan of Rs. 4,728.25 to the appellant/defendant No. 1 for the said purpose and advanced the said amount to the appellant on July 25, 1971, for which the appellant executed a demand promissory note dated May 25, 1971 (exhibit P-3). The said promissory note recites that the p loan amount shall carry interest at 4 1/2 per cent. per annum above the rate of interest notified by the Reserve Bank of India or
















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