- (1.) The appellants-defendants have preferred this regular second appeal against the judgment and decree dated 8.2.1990 passed by the first appellate court whereby the judgment and decree dated 9.1.1987 passed by the trial court was modified. The appellants-defendants, a partnership firm, had credit facilities with Bank of India Model Town branch Ludhiana. The plaintiff bank-respondent filed a suit or recovery of Rs. 89,757/- on 21.1.1984. During the pendency of the suit, the appellant deposited Rs. 89,760/- and/sought dismissal of the suit. The plaintiff bank admitted that during the pendency of the suit, some payments were made by the defendants, however, the suit continued.
(2.) The trial court framed the issues as follows:- 1. Whether the plaintiff is entitled to future interest and costs? OPP 3. Relief.
(3.) On issue No. 1, the findings were recorded by the trial court as follows:- 8. It has, however, been argued by ld. counsel for the defendants that the defendants have paid the suit amount before the filing of the written statement in this case. No evidence has been led by the plaintiff to show as to on what date the said payment of the suit amount was made by the defendants. The statement made by Shri Parveen Nayyar, also does not lead any where because he has also not given the date of the payment of suit amount by the defendants to the plaintiff. The plaintiff has already claimed interest up till the date of filing of the suit. In the circumstances of the case I am of the considered opinion that the plaintiff is not entitled to any future interest from the date of the suit till the payment of the suit amount made by the defendants. However, the plaintiff is entitled to the costs of the suit as he was driven to file the present suit against the defendants as the defendants had not paid the loan amount. In view of my foregoing discussion, I am of the mentioned (sic considered) opinion that the plaintiff is not entitled to any future interest, but he is entitled to the costs of the suit. Issue No. 1 is decided accordingly partly in favor of the plaintiff and partly against him.;