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Smt. Sudama Devi v. D.M., Jaunpur & Others - WRIT - C No. 43281 of 2000 [2005] RD-AH 5747 (14 November 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Yatindra  Singh,J.

Hon'ble R.K.Rastogi,J.

The petitioner's husband had taken loan from respondent no. 4 for purchase of  Tempo. He could not pay the same. In the meantime, he also expired. Thereafter respondent no. 4 issued recovery against the petitioner, hence the present writ petition.

We have heard counsel for the petitioner and the Standing Counsel for the respondents.

No counter affidavit has been filed. The loan was taken by the husband of the petitioner. It cannot be recovered from the petitioner unless the petitioner was a guarantor. There is nothing on record  to show that the petitioner was a guarantor of the loan. In view of this  the respondents are restrained from recovering  the amount of loan from the petitioner. However, it will be open to the respondents to recover the amount of loan from the property left by the husband of the petitioner  or from any guarantor for the loan. In case any amount has already been deposited either by the petitioner or by her husband, the same may be adjusted.

With these observations, the writ petition is disposed of.

Dated: 14.11.2005

RPP/WP. 43281/2000


Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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