VEERABHADRAPPA Vs. MANAGER STATE BANK MYSORE BANGALORE

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree passed in O. S. No. 1589/93 on the file of the XXXI Addl. City civil Judge at Bangalore.

(2.) THE appellant is the plaintiff filed a suit for declaration that the two of the withdrawals shown in the SB Account of the plaintiff maintained with the Bank dated 1-9-1992 for Rs. 24. 900/- and 9-9-1992 for rs. 100/- are not at his command, the payments made on the withdrawal slips are forged and the Bank has acted negligently in allowing the withdrawals. The suit is only for a bare declaration to the above effect. The defendant-Bank has denied the allegations made by the plaintiff. During the pendency of the suit, an application was filed perhaps by way of abundant caution seeking consequential relief of payment of disputed amount of Rs. 25000/ -. The application for amendment came to be dismissed on the ground that the proposed relief is barred by time. The dismissal order is confirmed in C. R. P. No. 297/97.

(3.) THE trial Court has found that the payment made on the withdrawal slips at Exs. D10 and D11 are not in the handwriting and signature of the plaintiff. Further, holds that the Bank was negligent in making payments on the basis of Exs. D10 and Dll. But, the suit is dismissed. With pain-staking reading, it could be gathered from the judgment that the suit for bare relief of declaration without a consequential relief appears to be the reason for dismissal of the suit.