The appellant in the second appeal seeks review of the

judgment. The parties are referred to in this order as they appear in

the suit from which the second appeal arose.

2. The plaintiff is a bank. The defendants who are husband

and wife availed an agricultural loan from the plaintiff bank. As the

defendants failed to repay the loan, the plaintiff instituted a suit for

realisation of the loan outstanding. The defendants did not dispute the

loan outstanding. They, however, contended that they would fall under

the category of 'small farmer', defined in the Agricultural Debt Waiver

and Debt Relief Scheme, 2008 ('the Scheme') and their loan

outstanding is, therefore, liable to be waived under the Scheme. The

fact that if the defendants were to fall under the category of 'small

farmer' as defined in the Scheme, their loan outstanding is liable to be

waived, is not a fact which was disputed by the plaintiff. The trial court

accepted the contention of the defendants and dismissed the suit.

Though the plaintiff took up the matter in appeal, the appellate court

3

confirmed the decision of the trial court. The plaintiff has therefore,

come up in the second appeal challenging the decis