SH. JUGAL KISHORE Vs. BANK OF INDIA

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Sec. 96 Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 28.2.2002. By the impugned judgment, the Trial Court dismissed the suit as barred by limitation by refusing to give benefit to the appellant/plaintiff of the provision of Sec. 14 of the Limitation Act, 1963 for the time taken by the appellant/plaintiff before the Consumer Forum. It is not disputed that if the time spent in the litigation before the Consumer Forum is excluded, then, the subject suit will be within limitation.

(2.) The facts of the case are that the appellant/plaintiff pleaded that he had an account with the respondent/Bank and on 8.5.1994 after withdrawing a sum of Rs. 25,000/ - he was left with a credit balance of Rs. 1,20,000/ - in his account. The appellant/plaintiff pleaded that he never got a new cheque book from the respondent/defendant/Bank and he was shocked to learn on 21.5.1994 that a huge amount of Rs. 1,20,000/ - was debited from his account on 10.5.1994. It transpired that in fact a certain cheque from a cheque book, which was allegedly received by the appellant/plaintiff, was used for withdrawing the amount. The cheque in question was the cheque bearing No. 454652 of Rs. 1,20,000/ -.

(3.) When a legal notice was sent to the respondent/Bank, the respondent/Bank firstly stated that the said cheque bearing No. 454652 was missing from its records as also the acknowledgment slip indicating receipt of cheque book by the appellant/plaintiff.