BANK OF BARODA Vs. NARESH ASWANI

JUDGEMENT

(1.) This order shall also dispose of Civil Revision No. 1628/2000 (Bank of Baroda v. Shyamlal G. Ashwani).

(2.) The applicant defendant by this petition seeks to challenge the correctness, validity and propriety of the order dated 27.03.2000 passed in Civil Suit No. 14-B/ 1999 where-under the plaintiff's application under Section 65 of Indian Evidence Act to lead the secondary evidence, has been allowed.

(3.) The facts necessary for disposal of the revision are that the plaintiff/non-applicant filed a suit before the trial Court seeking decree for Rs.67,500/- with interest and costs against the applicant-Bank, inter alia, pleading that on a forged cheque/withdrawal form, the plaintiff's account was debited and as the act of applicant -Bank was of negligence, was covered with fraud, the plaintiff is entitled to recover the money. The defendant in its written statement contended that in the regular course of business, the cheque was cleared and that they are not answerable to the claim made by the plaintiffs.