JUDGMENT :

M. Papanna, J. - Legality or propriety of the impugned order dated 28.6.2001 passed by the learned Civil Judge (Senior Division), Bhadrak in T. S. No. 173/1996 rejecting the petition of Defendant No. 2 challenging the admissibility of the documents marked as Exhibits 9 and 10 is called in question in this Civil Revision.

2. National Trading Corporation (for short 'firm') is the plaintiff, United Commercial Bank (for short 'Bank') is the Defendant No. 1 and New India Assurance Company Limited (for short 'Company') is the Defendant No. 2 in the suit. Defendant No. 2 is the petitioner, Defendant No. 1 is the Opposite Party No. 1 and Plaintiff is the Opposite Party No. 2 herein.

3. The Plaintiff firm brought the suit against the Defendants for a decree of Rs. 5,00,000/- recoverable from Defendant No. 2 being bound by the Insurance Policy coverage dated 15.3.1991. Plaintiff was a customer of the Bank (D. 1), and the cash credit limit of the former having been raised from Rs. 1,00,000/- to Rs. 17,00.000/-from time to time the latter was getting the insurance of the former done by debiting the premium amount from his account. The policy coverage of goods of the Plaintiff firm hypo