R.MUTHUKRISHNAN Vs. MANAGER CANARA BANK CHENNAI
LAWS(TNCDRC)-2008-8-14
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 13,2008

Appellant
VERSUS
Respondents

JUDGEMENT

N.KANNADASAN, J. - (1.) The above Revision Petition is filed as against the order dt.4.2.2008 of the District Forum in rejecting the application filed by the petitioner herein to expunge certain portion and to reject the written version as inadmissible evidence.
(2.) As regards the 1st prayer is concerned viz. expunge paragraph 9 of the written version of the opposite party, the main objection raised by the petitioner herein is that a conclusion is arrived at by the opposite party as if a fraud is made upon by the complainant viz. evasion of tax as against the sovereign Government. The relevant portion is extracted herein. The Opposite party submits that they did not accede to the request of the complainant in not deducting tax at source as the same amounts to participation in the crime of evasion of tax played by the complainant against the Sovereign Government. Aggrieved as against the above remarks, the petitioner has filed an application to expunge the remarks. Eventhough the District Forum has dismissed the said application on the ground that Consumer Forum cannot be equated on par with regular civil court and the petition filed under Rule 14 Order 6 of the CPC is not maintainable, without rendering any finding on the interpretation of the relevant provisions of the CPC, we are of the opinion that no prejudice would be caused to the opposite party by expunging the averment as made in paragraph 9 of the Written Version. Hence as far as the first relief is claimed by the petitioner herein viz. to expunge paragraph 9 of the written version is concerned, we are inclined to grant the said relief. Accordingly, paragraph 9 of the written version is expunged.
(3.) The 2nd relief claimed by the petitioner is to the effect that written version filed by the opposite party should be rejected as inadmissible evidence.;


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