- (1.) Instant appeal is directed against order dt.27/03/2004 passed by the court of Additional District Judge No.2, Bharatpur in Civil Misc. Case No.69/2002 by which the application filed by the appellant u/Sec.31(1) (a)(aa) of the State Financial Act, 1951 has been dismissed.
(2.) It is the claim of the appellant herein that the respondents are guarantors/sureties and an application u/Sec. 31(1)(a)(aa) of the Rajasthan Financial Act, 1951 was filed claiming liability on the guarantors/ sureties of a loan of Rs.93,000/- advanced to the respondent No.1 on an application filed on 17/02/1982. The loan was repayable with interest @ 11% per annum and on default of payment of interest, liquidated damage was to be paid @ 5%.
(3.) It is stated that the respondent No.1 did not pay the said loan amount and as on 01/10/2001, the total amount outstanding with interest was Rs.14,25,095/-. The trial court though framed as many as 11 issues but in Para 10 of the impugned order observed that the mortgage deed itself has not been brought on record and accordingly dismissed the application of the appellant, which is assailed herein.;