BANK OF INDIA Vs. GOYAL TEXTILES

JUDGEMENT

(1.) Petitioner has filed money Suit No. 499/1996 against respondent No. 2 ants to bring on record the specimen signature card to prove her signatures for this petitioner accordingly filed an application under Order 13, Rule 1, Civil Procedure Code, which was rejected by impugned order on the ground that the application was silent about the cause or the reason which had prevented it from producing the card before settlement of issues, documents.

(2.) Petitioner's case is that respondent had admitted her signatures on the cheques in her written statement and therefore, no need was felt to bring the specimen signature card on record at the relevant time of filing of documents. But when Bank's request to prove this card was turned down while leading evidence, it was constrained to file an application for this purpose.

(3.) The case of respondent No. 2 is that there was not even a whisper why this card was not filed alongwith other documents and before the settlement of issues as envisaged by Order 13, Rule 1. It is also denied that she had admitted her signatures on the cheques issued in her name. She also alleges that Bank had fabricated the documents including the card when she had no knowledge of any such account having been opened in her name being an illiterate lady. She also questions the maintainability of this revision petition and relies upon AIR 1971 SC 2324, AIR 1997 SC 3572 and 82 (1991) DLT 530 in support.