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25 S.B. CIVIL FIRST APPEAL NO.59/1995.
Ratan Chand & Anr. Vs. State Bank of India
.......
26 S.B. CIVIL FIRST APPEAL NO.61/1995.
Ratan Chand & Ors. Vs. State Bank of India
.......
Date of Order :: 19th August 2008.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. J.K. Chanda, for the respondent.
.....
BY THE COURT:
These two appeals (CFA No.59/1995 and CFA
No.61/1995) being related to the same parties and having
common features, shall be governed by this common order.
These first appeals under Section 96 of the Code of Civil
Procedure have been preferred by the defendants-appellants
against the similar nature judgments and decrees dated
03.02.1995 as passed by the learned Additional District Judge
No.1, Jodhpur in respective civil suits for money recovery as
filed by the plaintiff-respondent ( CO No.120/1988 and CO
No.121/1988).
The suits aforesaid were filed by the plaintiff-respondent
against the appellants for recovery of money due in relation to
term loan (CO No.120/1988) and cash-credit facility (CO
No.121/1988) as extended to the defendant-appellant No.1
wherein the defendant-appellant No.2 stood as guarantor. The
learned Trial Court, after deciding the relevant issues in favour
of the plaintiff-Bank, proceeded to decree the suits and held
the plaintiff entitled to recover an amount of Rs. 1,00,665.05
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together with interest @ 12.5% per annum in CO No.120/1988
and an amount of Rs.2,90,457/- together with interest @ 14%
per annum in CO No.121/1988; and in both the cases, the
defendants were allowed the facility of making payment of the
decreetal amount in monthly installments of Rs. 10,000/- each.
These appeals preferred by the defendants were
admitted for consideration on 24.07.1995. However, the stay
applications filed along with the appeals were rejected as not
pressed. After service of the respondent, when the matters
were placed before the Court on 24.01.2005, it was noticed
that the learned counsel appearing for the defendants-
appellants had expired and as nobody else appeared for the
appellants, notices were ordered to be issued to them for
making necessary arrangements for prosecution of these
appeals.
In compliance of the order aforesaid, repeated notices
were issued to both the appellants but were not served. Then,
on 01.05.2006, this Court directed issuance of fresh notices
and also observed that in case the notices are not served by
ordinary mode, the process server may be directed to effect
substituted service. Again, the notices were repeatedly issued
for the appellants.
In relation to the last notices sent for the appellant No.2,
the process server has visited the alternative address given
out to him and thereat, it has been reported that the said
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appellant has since expired. So far the appellant No.1 is
concerned, his address has been given in the appeal as
under:-
“Ratanchand s/o Shri Bal Kishen
Proprietor M/S. Kubera Plastics and Chemicals
Industries, A-54, A-Sector, Pratapnagar,
Jodhpur.”
On the aforesaid address, the process server has made
repeated visits and it has been found that some other industry
was functional thereat and no alternative address of the
appellant No.1 was given out by anyone.
The net position obtainable is that so far the appellant
No.2 is concerned, these appeals stand abated for his having
reportedly expired and nobody having prayed for substitution.
So far the appellant No.1 is concerned, nobody is present on
his behalf to prosecute these appeal nor any alternative
address is available on the record.
In the aforesaid circumstances, this Court is clearly of
opinion that no useful purpose would be served by sending
repeated notices to the said appellant No.1; and having regard
to the subject matter of these appeals and the nature of the
decrees as passed by the learned Trial Court, it does not
appear appropriate to keep these appeals pending any further.
The appeals be consigned to record as such.
(DINESH MAHESHWARI), J.
Mohan/
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S.B. CIVIL FIRST APPEAL NO.61/1995.
Ratan Chand & Ors. Vs. State Bank of India
…….
Date of Order :: 19th August 2008.
HON’BLE MR. JUSTICE DINESH MAHESHWARI
Mr. J.K. Chanda, for the respondent.
Vide common order made in S.B.Civil First Appeal
No.59/1995 Ratan Chand & Anr. Vs. State Bank of India.
(DINESH MAHESHWARI),J.