NEELAM BEGUM Vs. HDFC BANK LTD

JUDGEMENT

(1.) The defendant/ respondent before both the Courts below filed the present Civil Miscellaneous Appeal before this Court.

(2.) Aggrieved by the Judgment and Decree dtd. 17/1/2017 in A.S.No.4 of 2014 on the file of the Court of II Additional District Judge, Vijayawada by setting the aside the order and decree dtd. 5/3/2012 in O.S.No.964 of 2010 on the file of the Court of the Principal Senior Civil Judge, Vijayawada.

(3.) The respondent herein is the plaintiff/Bank in the suit in O.S.No.964 of 2010 on the file of the Court of Principal Senior Civil Judge, Vijayawada, who filed a suit against the appellant/ defendant for realization of the loan amount with interest and the trial court dismissed the suit on 5/3/2012 without costs, holding that the defendant summoned the plaintiff bank to produce Savings Bank Account of the defendant, who in turn produced the same and he himself examined as PW-1 to prove the contents of the account failed to substantiate the entries of the account copy and he prepared the account copy and they are true and genuine. Further under Sec. 65-B of the Indian Evidence Act (in short "the Act", a specific procedure is prescribed for preparing the Account Copy or produced basing on an electronic devise. All the computers output may follow the procedure prescribed under Sec. 65-B of the Act. Therefore Ex.A5 account copy does not satisfy the requirement under Sec. 65-B of the Act and does not contain a certificate produced by the plaintiff bank marked as Ex.A5 in the suit. Therefore plaintiff bank failed to establish his case in proper perspective and accordingly the suit was dismissed.