- (1.) Suit filed by the plaintiff was dismissed by the trial Court vide judgement and decree dated 08.05.2009. Appeal preferred against the said decree failed and was accordingly dismissed on 07.08.2010. This is how, plaintiff is before this Court in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.
(2.) Plaintiff (Khazan Singh) filed a suit for mandatory injunction directing the defendant to produce statement of accounts for the year 1985-86 relating to the bank account No.2746 in the name of Gurdial Singh s/o Pala Singh resident of village Kalichpur, Tehsil and District Gurdaspur. It was averred that plaintiff's sister namely Pritam Kaur wife of Gurdial Singh, shifted her residence in the year 1985 from village Saidpur Harni to the village of plaintiff, after her husband sold his entire land situated in the village Saidpur Harni. On account of the closeness of relationship plaintiff offered lot of assistance to Gurdial Singh and helped him in rehabilitation. Gurdial Singh opened a bank account bearing No.2746. He deposited the entire amount that he had received after selling his landed property in village Saidpur Harni, whereafter, he spent the same as per his needs on different occasions. Pritam Kaur i.e.sister of the plaintiff claimed to have given a sum of Rs. 80,000/- to the plaintiff which was wholly incorrect. Resultantly, the relationship between the parties became strained, which led to dispute and litigation. Subsequently, the plaintiff was compelled to pay a sum of Rs. 40,000/- to Pritam Kaur though she was not entitled to receive the said amount. Plaintiff has been requesting the defendant Bank to provide him information qua the account of Gurdial Singh so that he could prove that, he, after selling his land, directly deposited the entire consideration in the bank particularly, when Gurdial Singh and his sister maintained that they never deposited any amount in the bank and, in fact, the same was paid to the plaintiff. Since, the defendant refused to provide the statement of accounts relating to Gurdial Singh for the year 1995-96, thus, the suit.
(3.) In defence, it was pleaded that the bank had no records qua account No.2746 for the year 1985. Further, as per the rules and regulations of the bank, defendant could not disclose any information of its customer to any other person. Still further, records of the said account were destroyed in terms of the bank rules. Suit was alleged to be bad for non joinder of the necessary parties as Gurdial Singh was not arrayed as defendant.;