PUNJAB NATIONAL BANK Vs. HIMACHAL NIWAR TAPE AND LACE MAKING CENTRE
LAWS(HPH)-1997-4-46
HIGH COURT OF HIMACHAL PRADESH
Decided on April 30,1997

PUNJAB NATIONAL BANK Appellant
VERSUS
HIMACHAL NIWAR TAPE AND LACE MAKING CENTRE Respondents


Referred Judgements :-

OM PARKASH VS. SARUPA [REFERRED TO]
GANESH DUTT VS. DHARAM DUTT [REFERRED TO]


JUDGEMENT

SURINDER SARUP,J. - (1.)This order will dispose of an application under Order 18, Rule 17 -A, C.P.C. read with section 151, C.P.C., seeking permission to lead additional evidence by producing Sh H.K Gupta, the then/Branch Manager of the Plaintiff -bank in order to prove the documents pertaining to the case
(2.)Briefly, the facts are that the plaintiff -applicant has filed a suit against the defendants -respondents for recovery of Rs, 8,97,845 -30 p. with costs and future interest. The suit was filed ia the year 1983 and for one reason or another, has been pending since then Initially, arguments were heard for some time on 1 -8 -1996. 9 -9 -1996, 10 -9 -1996 and 7 -11 -1996. On the last date, the learned Counsel for the plaintiff -applicant Shri Anand Sharma staled that on going through the voluminous record of the case he found that some additional evidence is necessary to be adduced on behalf of the plaintiff. Hence the present application.
(3.)The grounds taken up in the application are that at the time of filing of tie suit, Shri H.K Gupta was the Branch Manager of the plaintiff -bank and bad signed the plaint Evidence of both the parties has teen recorded and tie case has been fixed for arguments. At the time of admission and denial of documents filed by the parties, the defendants had admitted the power of Attorney filed by Shri H.K. Gupta, the then Branch Manager Therefore, the Counsel appearing on behalf of the plaintiff -bark had erroneously made a statement en 18 -7 -1990 to the effect that Shri H.K. Gupta, PW is being given up as unnecessary and he does not want to examine him The statement was made on the premise that since the power of attorney has already been admitted and the resolution annexed with the plaint and statement c f accounts are not required to be proved specifically since the authority of the Manager had already been admitted by the defendants. The exact circumstances for giving up the witness cannot be explained as the original Counsel for the plaintiff Shri Chhabil Dass has passed away During the course of preparation of the case, it has transpired that the witness, Shri H.K Gupta was essential and necessary in order to prove the case of the plaintiff and he bad been given up inadvertently and through mistake His statement is necessary for the adjudication and pronouncement of the judgment in this case No prejudice would be caused to the defendants as the case is just being heard and the arguments on behalf of the plaintiff applicant are being addressed. Hence the present application, which is accompanied by the affidavit of Shri S.K. Palta, the present Senior Manager of the plaintiff -bank.


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