1 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 2 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 3 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/ 4 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.