1 S.B.Civil Second Appeal No.446/2006 Ajay Kumar Jari. vs. State Bank of India & Ors. Date : 12.12.2007 HON'BLE MR. PRAKASH TATIA, J. Mr.S Mathur, for the appellant. - - - - - Heard learned counsel for the appellant. The appellant/plaintiff is aggrieved against the judgment and decree of the trial court dated 27.1.2005 and dismissal of his appeal by the first appellate court vide judgment and decree dated 13.7.2005. As per the plaintiff's own case, the respondent SBI filed a suit for recovery of Rs.37,220/- in the year 1995 for recovery of due loan amount which was advanced in the year 1983 against the present plaintiff appellant which was registered as Civil Original Suit No.133/1994. In that suit, the plaintiff on 4.8.1995 gave a cheque of Rs.46,594/- to the respondent bank. According to the plaintiff, this cheque was given conditional but that amount was appropriated by the respondent bank against the plaintiff's loan account and the respondent bank withdrew the suit no.133/1994 without any notice to the plaintiff/appellant, who was 2 defendant in suit no.133/1994. Since the respondent Bank withdrew the suit no.113/1994 and according to the plaintiff, the respondent bank charged more interest than agreed, therefore, the plaintiff filed the present suit for recovery of the excess amount which was recovered by the respondent bank from the appellant/ plaintiff. It appears from the reasons given by the two courts below in detail that the respondent bank's contention was that as per the agreement, the rate of interest was to be increased as per the instructions received from Reserve Bank of India for which letters were given to the plaintiff from time to time and thereby, the plaintiff failed to prove that excess amount was paid to the respondent Bank. Since pure question of fact has been decided concurrently by the two courts below, I do not find any reason to interfere in such finding of fact in second appeal. No substantial question of law is involved in this appeal. Consequently, this second appeal is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya