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1998 Supreme(Raj) 146

P.C.JAIN
DILIP KOTHARI – Appellant
Versus
VIJAYA BANK – Respondent


Advocates Appeared:
P.K.BHANSALI, S.S.Purohit

Judgment


P. C. JAIN, J.

( 1 ) THE defendant has filed this revision petition under Section 115, C. P. C. against the order dated 21-11-1997 passed by the learned Additional District Judge No. 1, Jodhpur in Civil Original Case No. 8/97 whereby the application filed by the defendant-petitioner under Order 6, Rule 5, C. P. C. was dismissed.

( 2 ) MATERIAL facts necessary for the disposal of this petition may be stated as follows. The non-petitioner No. 1 filed a suit for recovery of Rupees 4,47,263. 93 against the petitioner and non-petitioner No. 2, which is pending before the learned Additional District Judge No. 1, Jodhpur. In that suit, the plaintiff made averments that the petitioner had pleaded shares, the list of which has been submitted before the Court giving all the necessary particulars. The petitioner filed an application under Order 11, Rule 14, C. P. C. for production of the said shares. In reply to this application, the plaintiff-Bank said that the pledged shares as mentioned in the plaint, were not with the Bank. It was explained that the shares pledged by the petitioner were returned to the petitioner by the Bank and the petitioner re-pledged the same by pledging new








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