Regular Second Appeal No. 314 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 314 of 2009. (O&M) Date of Decision: 17.3.2009 *** Balwant Singh .. Appellant VS. State Bank of India .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Hemender Goswami, Advocate for the appellant. *** ARVIND KUMAR, J. After having lost concurrently before two Courts below in a suit for recovery, the defendant-appellant has preferred the instant regular second appeal and has laid challenge to the judgments and decrees passed by the Courts below. I have heard learned counsel for the appellant and have gone through the paper book carefully. It emerges out from the records that there is no dispute to the fact that respondents No.2 to 4 obtained the loan amount from the plaintiff- respondent No.1 Bank and failed to clear the dues and the present appellant stood guarantor thereof and mortgaged his land as security for the repayment of the loan amount. Although the stand of present appellant was that there exist no liability of him since he was not beneficiary to the said loan and whatever due is towards respondent Nos.2 to 4, but on the basis of evidence produced on record it has been concurrently held that as per the documents executed by the appellant and other respondents, it was their joint liability to repay the loan amount to the plaintiff bank and any inter se arrangement between them regarding repayment of loan amount has no Regular Second Appeal No. 314 of 2009 2 concern whatsoever with the plaintiff bank. It has further been held that the suit is within limitation and filed by competent person. Nothing has been shown to take a contrary. No substantial question of law, which is sine qua non for admission of appeal, is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE March 17,2009 Jiten