MANJIT SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) This petition is directed against the orders of the Additional District Judge, Narnaul, dated 27.4.1988 whereby application under Order 41 Rule 27 C.P.C. for additional evidence has been allowed in an appeal filed by the plaintiff-bank in suit for the recovery of money which was dismissed by the trial Court.

(2.) According to the findings of the trial Court the plaintiff-bank failed to prove the entry of transfer of amount of current account into cash credit loan account. It was further observed that no transfer voucher has also been produced by the plaintiff-bank. By way of additional evidence the plaintiff wanted to produce the copies of the statements of current account and the transfer voucher as well as the letter given by the defendant Manjit Singh to the bank authorities to transfer the current account amount into the cash credit loan account and current account be treated as closed. This application was resisted on behalf of the defendant-respondents there. According to the defendant this evidence was very much available to the bank while the suit was pending in the trial Court but the same was not produced. Now the plaintiff bank was not entitled to fill up the lacuna in appeal.

(3.) The learned Additional District Judge hearing both the parties came to the conclusion that "the defendant-respondent has already admitted in the written-statement that he was having current account with the plaintiff-bank which stood adjusted, on the date of advance of cash credit loan account. The case of the plaintiff bank cannot be thrown away on the simple reason that the documents are being produced late. At the most the opposite party can be compensated with heavy costs. Moreover, the allowing of the application would give an opportunity to the defendant-respondent to rebut the document." Consequently, the application was allowed on payment of Rs. 300/- as costs.