- (1.) This is a Bank's suit for recovery of loans granted to a partnership firm which is the first defendant in this suit. The four partners of the Firm are defendants Nos. 2, 3, 4 and 5 in the suit.
(2.) The first four defendants have filed a joint written statement and the fifth defendant has filed a separate written statement.
(3.) The parties went to trial on the following 8 issues : 1) Is the 5th defendant at all liable as a partner of the first defendant ? 2) Is the suit liable to file against the 5th defendant for misdescription of Kamal Kanoria as Kamal Kamania ? 3) Are the defendants liable to pay a sum of Rs. 1,63,773.59 as alleged in paragraph 8 of the plaint ? 4) Did the defendants admit or acknowledge their liabilities ? 5) Did the plaintiff fail and neglect to realise the dues from the Firms on whom the bills were raised within the period of limitation as alleged in paragraph 6 of the Written Statement and if so have the defendants lost valuable right therefor ? 6) a) Did the defendants agree to pay interest at the alleged rates as contained in Schedule 'M' to the plaint or at any lower rate ? b) Are the rates of interest contrary to the Usurious Loans Act as alleged in paragraph 7 of the Written Statement ? 7) Is the suit barred by limitation ? 8) To what reliefs, if any, is the plaintiff entitled ?" Proof of the amount due and owing :;