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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
CANARA BANK BRANCH OFFICE – Appellant
Versus
SREEKUMARI K W/O.ANILKUMAR S – Respondent
| Table of Content |
|---|
| 1. plaintiff's loan details and acknowledgment of debt. (Para 5) |
| 2. defendants' contentions regarding maintainability and limitation. (Para 6 , 7) |
| 3. trial court's findings on limitation and evidence. (Para 8 , 9) |
| 4. court's analysis of acknowledgment of debt and proof requirements. (Para 10 , 11 , 12 , 13 , 14) |
| 5. court's reasoning for allowing the appeal and decreeing the suit. (Para 15 , 16) |
| 6. final order for payment and costs. (Para 17) |
JUDGMENT :
This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure , 1908.
2. The plaintiff in O.S. No.236 of 2012, on the files of the Sub-Court Mavelikkara, has preferred this appeal, arraying the defendants as the respondents herein, while challenging the decree and judgment dated 30.10.2014 therein.
3. Heard in detail. Perused the verdict under challenge as well as the records of the trial court.
4. For effective and easy discussion, the parties in this appeal will be referred to as ‘plaintiff’ and ‘defendants’ hereafter.
Short facts:-
5. The plaintiff is a Nationalised bank constituted and functioning under the Banking Companies (Acquisition and Transfer of Undertaking) Act
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