1. This appeal is filed against the judgment and decree dated 8-2-1989 passed by the learned 2nd Joint Civil Judge (S.D.), Junagadh in Special Civil Suit No.48 of 1985.
2. Heard learned advocate, Mr.Nirav C.Thakkar for the appellants and learned advocate, Mr.Pranav G.Desai for the respondent No.1.
3. It is submitted by Mr.Nirav Thakkar that before filing the suit, principal borrower Govindbhai expired and hence, no decree can be passed against the legal heirs of the deceased as they were not parties to the loan agreement. It is further submitted that trial court has committed error in allowing the application for joining legal heirs of the deceased Govindbhai and in passing the decree against the legal heirs.
4. This Court has gone through the judgment and order passed by the trial court. Plaintiff has examined Haresh Jeevanlal Devani at Ex.33 and Suresh Shantilal at Ex.39 and proved the document of loan agreement and other documents. Considering the evidence on record, trial court has rightly observed that suit was filed within the period of limitation. It is further submitted that as when it came to the knowledge of the respondent No.1 bank, legal heirs were brought on record and it was rightly held by the trial court that suit is within the period of limitation against the heirs of the deceased Govindbhai.
The present appellants-original defendants failed to shift the burden that deceased Govindbhai did not enter into the loan agreement with the bank and did not receive any amount. As far as guarantors against whom decree is passed is concerned, they have not challenged the judgment and order passed by filing an appeal and hence it has become final qua them also.
5. In view of the above, this appeal is dismissed. No order as to costs.
[M.D.SHAH,J.] radhan