JUDGEMENT
DEBANGSU BASAK, J. -
(1.) SUIT was for recovery of money lent and advanced. The plaintiff also
sought a declaration that properties mentioned in Annexure 'H' to the
plaint remained hypothecated to the plaintiff as security.
(2.) THE Defendant No. 2(a) filed written statement. The defendants did not appear at the hearing of the suit.
The original documents of the plaintiff were lost. The plaintiff produced the partner of the Solicitor firm who was acting on behalf of the plaintiff
as its Advocate on Record to prove that the documents annexed to the
plaint where the true copies of the originals. Such Advocate deposed on
June 14, 2011. By such deposition the Advocate established that, the
documents annexed to the plaint were true copies of the original. He
also established that, the original documents were lost from the custody
of the Bank. The plaintiff lodged a complaint with the local Police
Station.
(3.) THE second witness of the plaintiff was the Assistant Manager of the plaintiff who deposed on the merits of the claim of the plaintiff. The
second witness proved the documents executed by the defendants.;
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