KARNATAKA HIGH COURT
M. P. Chandrakantaraj Urs, J.
Syndicate Bank v. M/s. Sowdagar Moinuddin and Sons and Others
1. This revision petition is disposed of at the stage of admission after notice to respondents.
The respondents had obtained financial facilities from the petitioner - Bank by creating a mortgage of certain immovable properties by deposit of title deeds in favour of the bank. In that behalf the respondents executed an agreement dated 11th Feb., 1976 which dealt with the nature of the loan and the mode of repayment. They also gave in writing to the bank a memorandum informing the bank of the fact of their having deposited the title deeds at an earlier date. That memorandum is dated 11-2-1976. The suit filed by the petitioner is for foreclosure of the mortgage and prayer is for realisation of the loan amount outstanding, by the sale of the immovable properties. Several issues have been raised in the said suit. The first issue with which we are now concerned in this revision petition is as follows:
"(1) Whether the articles of the agreement and form 11 - B are admissible in evidence?" The Court below has held trying the first issue as preliminary issue that the said documents viz., the articles of agreement for repayment of loan and Form 11 - B relied on by the plaintiff, are not admiss
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