Petitioner has challenged order dated 13.07.2012 passed by Sub-Judge, VII- Muzaffarpur in Money Suit No. 16 of 2010 whereby and whereunder rejected the prayer of the petitioner made under Order-XI Rule 1 & 2 of the C.P.C.

2. In order to properly adjudicate upon the dispute, a brief fact of the case has to be stated. Respondent/Defendant No.1 Rajesh Kumar Singh @ Munna is said to have opened a bank account under Respondent No.2, State Bank of India, A.D.B. Branch, Saraiya in the name of plaintiff in collusive manner and managed to siphon huge amount appertaining to Rs. 8,18,62,394/- whereupon Money Suit No. 16/2010 has been filed. On being noticed, both the Respondents/defendants appeared. Because of the fact that Respondent/defendant no.1, Rajesh Kumar Singh @ Munna failed to file WS within the stipulated time, therefore, he has been debarred. However, Respondent/defendant No.2, State Bank of India, A.D.B. Branch, Saraiya has filed WS controverting the allegation (Annexure-3). Subsequently thereof, petitioner/plaintiff filed petition under Order-XI Rule 1 & 2 (Annexure-5) along with questionnaire in terms of Appendix-C whereupon an objection has been raised by the Respondent/