JUDGMENT :

S.C. Mohapatra, J. - Defendant is the Petitioner in this Civil Revision.

2. After the ex parte decree was set aside, parties were given opportunity to file list of witnesses and the suit was posted to 30.9.1986 far hearing, That day Defendant filed an application to direct the Branch Manager, Central Bank of India Balasore Branch, to submit information by producing certified copy of the entries of the Accounts of-

(i) Madanlal, Saraf during September. 1982 to November, 1982 in relation to eight cheques details of which were given to show whether they were issued by Madanlal in name of one Bhagaban Paramanik ;

(ii) Ganeswar Khanda in his own name or in the name of Utkal Cold Storage, Ganeswarpur, as to whether the amounts in cheques detailed in respect of Madanlal bad been deposited in his account; and also to furnish further certificates that no other entries are to be found in the books of accounts of the Bank concerning the account in ;

(iii) indicating that no other cheque issued by Madanlal in name of Bhagaban has been deposited in account of Ganeswar.

Trial Court having rejected such petition, this Civil Revision has been filed.

3. u/s 5 of the Bankers' Books Evidence Act,