BEER SINGH Vs. SHER SINGH

JUDGEMENT

(1.) This is an application under Order 7 Rules 11 and 17 of the Code of Civil Procedure praying that the suit of the plaintiff may berejected being not maintainable and for non-compliance of the provisions or Order 7 Rule 17 of the CPC.

(2.) This is a suit for recovery of money which is stated to have been paid to the defendants out of various accounts as set out in para 9 of the plaint. The plaint was accompanying by the documents which included translations of the Statements of Account carrying a certificate at the foot of the statements that these are the true translations of the accounts maintained by the plaintiff in Hindi. Order 7 Rule 17 provides- R.17. Production of shop-book - (1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where the documents on which the plaintiff sues is an entry in a shop- book or other account in his possession or power, the plaintiff shall produce the book or account at time of filing the plaint, together with a copy of the entry on which he relies. (2) Original entry to be marked and returned - The Court, or such officer as it appoints in this behalf, shall forwith mark the document for the purpose of identification; and, after examining and comparing the copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be filed."

(3.) As Explanation to this rule was added by Punjab Amendment which is applicable to Delhi, it provides as under:-