Defendants since the mortaged property belonged to Defendants No.1 and 3 and sanctioned the loan to Defendant No.1. As per the statement of account filed by the Applicant Bank, the accounted is opened and operated in the name of Defendant No.1 only and nowhere is it mentioned that the account is joint in nature. The loan installments were remitted by Defendant No.l by debiting the same from his SB account till June, 2017. The Defendant No.1 died on 1s.11.2o1g due to kidney failure, on account of which Defendant No.2, who is the wife of Defendant No. 1, could not service the loan account. However, Defendant No'2 submitted representation dt.22.o7.2021 offering to settle the loan under orS for Rs.50.00 lakhs and deposited an amount of Rs.1,g0,000/_ to show her bonafides but, the Applicant Bank rejected the said offer. Again the Defendant No.2 submitted representation dt.og.og.2o2r by increasing the orS offer to Rs.52.00 lakhs, to which there is no response from the Applicant Bank. The Applicant Bank is having knowledge about the death of Defendant No. t by 22.07.2021 but, the Applicant Bank filed the present oA against the dead person, which amounts to nullity. Accordingly, the Defendants prayed for the dismissal of the oA.
