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1999 Supreme(Ker) 343

M.R.HARIHARAN NAIR
P. Balan – Appellant
Versus
Central Bank of India, Calicut – Respondent


Advocates:
O. Ramachandran Nambiar and K. P. Santhi, for Petitioner; E. R. Venkiteswaran, for Respondent.

ORDER :-

The 1st defendant in O. S. 274/97 of the sub Court, Kozhikode challenges the order passed in I. A. 6076/98 filed by him in the case. The request of the petitioner is that the plaintiff in the suit be called upon to answer the interrogatories presented by him. The Court below dismissed the petition with the following observations :

"Heard. The details and answers sought as per this I. A. are well within the knowledge of the petitioner and also revealed by the documents and Account sheet produced by the plaintiff. No further clarification necessary. I. A. dismissed. No costs."

2. The respondent herein filed the suit seeking recovery of a total sum of Rs. 4,29,345.23 from the defendant allegedly due on a term loan of Rs. 30,000/- given on 22-8-1981 and a cash credit transaction of Rs. 30,000/-allowed on the same date. The petitioner admitted his signatures in the relevant documents including the confirmation letter produced by the plaintiff; but contended that it was a document concocted using one of the signed blank papers which the petitioner was compelled to sign at the time of release of the loans. He challenged the statement of accounts and calculation of interest and even













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