NARAIN AGRICULTURAL CORPORATION Vs. ALLAHABAD BANK

JUDGEMENT

(1.) This revision is directed against the order passed by Sri Jagdishwar Singh, Civil Judge, Azamgarh on 10-11-1993 by which an application under Sections 148, 149 and 151, C.P.C. was allowed and the suit which was dismissed under Order 7, Rule 11, C.P.C. on 1-7-1992 was restored.

(2.) There is not much dispute about the facts. The respondent-Bank filed a suit for the recovery of Rs.30,37,564.00 against the present revisionist. The suit was filed on 22-12-1990 and time was sought for payment of court-fee which was granted. On 12-4-1991 the Bank purchased court-fee stamps worth Rupees 2,30,300/- from the Treasury and handed over the same to its counsel Sri Shyam Sunder Tripathi. Sri S. S. Tripathi filed court-fee stamps worth Rs.3,000.00 on Ist Aug., 1991, stamps worth Rs.5,000.00 on 3-12-1991 and stamps worth Rs. 5,000.00 on 27-2-1992. The remaining court-fee was not paid by Sri S. S. Tripathi, Advocate for the Bank and, therefore, the Court rejected the plaint under Order 7, Rule 11, C.P.C. on 1-7-1992.

(3.) In spite of the rejection of the plaint on 1-7-1992 the advocate (Sri S. S. Tripathi) repeatedly informed the Bank in writing that the suit is still pending. It appears that Sri S. S. Tripathi was the counsel for the Bank in a number of cases. On 15-5-1991 Sri S. S. Tripathi wrote a letter Annexure C.A.-1 to the Bank in respect of several cases which he was handling. The case of Narain Agricultural Corporation is item No. 10 in this letter Sri S. S. Tripathi informed the Bank vide Annexure C.A.-1 that the entire court-fee has been deposited by him on 27-4-1991. On 24-3-1992 Sri S. S. Tripathi wrote letter Annexure C.A.-3 to the regional office of the Bank and informed the Bank that the next date fixed in the case is 21-3-1991 and that the process, has not been returned, and therefore, a reminder has been issued by the Court to the postal authorities. The advocate for the Bank also informed his client that the next date fixed in the case is 27-4-1992. Vide Annexure C.A.-5 dt. 31-7-1992 the Counsel informed the Bank that the next date in the case is 7-8-1992. Another letter Annexure C.A.-6 was written by Sri S. S. Tripathi counsel for the Bank to the Branch Manager of the Bank and it was stated therein that the next date fixed in the case is 16-11-1992. On 16-11-1992 the advocate informed the Branch Manager that the next date is 8-12-1992 which is fixed for written statement disposal and issues. On 14- 12-1992 the Bank was informed by its counsel that the next date fixed is 27-1-1993. This letter is Annexure C.A.-8. Another letter Annexure C.A.-9 was written by Sri S. S. Tripathi to the Bank Manager informing the latter that the next date is 27-3-1993. It is unnecessary to mention various other letters written by Sri S. S. Tripathi to the Bank. These letters are Annexures C.A.-11, C.A.-12 and C.A.-13. By these letters the Bank was informed from time to time about the alleged next date fixed in the case though the plaint had already been rejected long back on 1-7- 1992.