Law:

Section:

Civil Procedure Code (V of 1908)-------O.XXXVII, R.3---Leave to appear and defend suit---Plea that mortgaged property was sufficient security for amount claimed by plaintiff was of no substance---Sufficiency or otherwise of value of mortgaged property might be relevant to question of security to be furnished but was not relevant to question of granting leave to defendants to appear and defend suit---Defendant having not made out case for leave to appear and defend suit, plaintiff's suit was decreed against him with interest thereon ORDER This is an application by the defendant No 4 for leave to appear and defend the suit. The defendant No 4 has sought leave on the grounds that: (i) the defendant No 4 resigned from the Directorship of the defendant No. l to the knowledge of the plaintiff-Bank, who has taken a fresh guarantee thereafter from the rest of the Directors; and that the defendant No 4 is therefore, not liable on the guarantee executed by him, (ii) that the suit is barred by limitation in view of the plea in paragraph-20 of the plaint, (iii) that the suit as against the defendant No.4 in his capacity as a legal representative of Muhammad Sadiq is time-barred because Muhammad Sadiq died on 21-2-1982; whereas the suit was filed on 23-8-1993, (iv) that the amount of loan is sufficiently secured by the mortgage, and (v) that the defendant No.4 is liable only to the extent of the amount guaranteed by him. That the outstanding and a copy of that notice was sent to the defendant No.4 requiring him to comply with it. By the guarantee Annexure-K to the plaint the defandant 4 guaranteed due repayment "within two days after demand". The demand was admittedly made on 15-11-1992 and the suit was filed within three years from that date. The suit is, therefore, not barred by limitation. The plea that the suit as against the defendant No.4 in his capacity as the legal representative of Muhammad Sadiq is time-barred because Muhammad Sadiq died on 21-2-1982, is without substance for the same reasons. It was argued by the learned counsel that in fact no demand had been made under the guarantee upon the defendant No.4. That does not appear to be correct; but even if that…

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