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2011 Supreme(P&H) 1913

VIJENDER SINGH MALIK
Jammu and Kashmir Bank – Appellant
Versus
Evershine Papers – Respondent


Advocates appeared:
Mr. Alok Jagga, Advocate, for the petitioner.
Mr. Namit Gautam, Advocate, for the respondents.

JUDGMENT

VIJENDER SINGH MALIK, J. - This is plaintiff's revision petition brought under the provisions of Article 227 of the Constitution of India for setting aside the order dated 11.8.2010 (Annexure P/1) vide which learned Additional District Judge, Ludhiana has dismissed the application filed by the plaintiff under Order 41 Rule 27 read with section 151 CPC for permission to lead additional evidence.

2. The plaintiff had filed a suit for recovery of Rs.93,176.26 against the defendants. A credit facility was allowed to the defendants on 16.11.1981 on the defendants' executing various documents including a guarantee agreement by respondent No.5. As the defendants failed to adhere to the financial discipline and failed to keep the account regular, the suit was filed after giving a legal notice to the defendants. The said suit has been dismissed by learned Civil Judge (Junior Division), Ludhiana vide judgment and decree dated 11.2.2004 for the twin reasons that the plaintiff failed to bring on record the statement of account duly attested under the Bankers' Books Evidence Act, 1891, (for short “the Act”) and that the suit has been filed beyond limitation.

3. In the appeal preferred












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