LAWS(KAR)-2007-11-37

P PADMANABH Vs. SYNDICATE BANK LTD

Decided On November 15, 2007
P.PADMANABH Appellant
V/S
SYNDICATE BANK LTD. Respondents

JUDGEMENT

(1.) THIS revision petition under section 18 of Small Cause Courts Act is directed against the judgment and decree dated 9-7-2003 passed in S. C. No. 15054 2000 on the file of the XVII Additional Judge, court of Small Causes, Mayo Hall Unit, Bangalore.

(2.) THE revision petition is by the defendant in the suit who has suffered a decree for payment of a sum of Rs. 17,133/- as claimed by the plaintiff with costs and current interest. The revision petitioner has urged inter alia that learned trial judge has failed to appreciate defence taken on behalf of the defendant; that the learned judge has not appreciated the evidence placed in support of the claim being not fully supportive of the suit claim; that the learned trial Judge has wrongly applied the principles of law particularly in the context of Section 4 of bankers Books of Evidence Act, 1891; that the judgment and decree is not tenable; that the revision petition is to be allowed and the suit should be dismissed.

(3.) NOTICE having been issued, respondent/plaintiff in the suit has entered appearance through counsel. Revision petition was admitted, records were called for and the matter is set down for hearing and I have heard Shri. Subramanya, learned counsel appearing for the petitioner and Shri palakshappa, learned counsel appearing for the respondent.