ALLAHABAD BANK Vs. MANOJ KHANNA

JUDGEMENT

(1.) By virtue of the impugned judgment dated February 27, 2007, the learned Additional District Judge dismissed the appeal preferred by Allahabad Bank against the order of the Civil Judge decreeing the suit of the respondents to the tune of Rs. 2,98,667.20 along with pendente lite and future interest @ 9% per annum on the ground that it was barred by time and consequently declined to go into the merits of the case. Aggrieved by the order so passed, the Bank has preferred the present appeal.

(2.) Here is a Bank, a public undertaking, which has a law department of its own. It has not to seek legal assistance from any outside agency. It is available to it within its precincts. Its explanation that the officer of the Bank who was pursuing the case was under a wrong impression about the period in which the appeal ought to have been filed stems from the reason of ignorance of its law officer. How can one help the Bank when its law officer who is suppose to be well-conversant with the law is pleading ignorance of law. One could understand if such a plea came from a litigant unconnected with law. Coming from the Bank, it is unacceptable.

(3.) It has been pointed out by learned counsel for the respondent that even before the learned Single Judge after certain dates of hearing, the Bank was not represented by any counsel and the decree was passed ex-parte. This only indicates the lax and indifferent attitude of the Bank in pursuing the case.