PUNJAB NATIONAL BANK Vs. LAKHMI CHAND SUNDER DASS

JUDGEMENT

(1.) UNSUCCESSFUL plaintiff Punjab National Bank, Bhatinda Branch has filed the present R.F.A. and it has been directed against the judgment and decree dated 24.1.1979 passed by the Senior Sub Judge, Bhatinda, who dismissed the money suit of the plaintiffs Bank for a sum of Rs. 1,01,563.33.

(2.) THE pleadings of the parties can be described and summarised in the following manner :-

(3.) NOTICE of the suit was given to the defendants. The stand taken up by the defendants is that Harbans Lal never accepted the balance amount of Rs. 99,429,67 on 5.1.1973. No loan was obtained by the defendants from the Calcutta office of the plaintiff Bank. Sunder Dass, one of the partners of the defendant firm has since expired and he had a pre-deceased daughter namely Maya Devi, who had one son and three daughters and they were not made parties in the suit and as such the suit is bad for non-joinder of necessary parties. It was also pleaded by the defendants that the suit of the plaintiff is not within limitation nor it has been filed by a duly authorised person. The defendant firm has already paid more than double the amount advanced to it and as such no decree can be passed.