MANEX NU FOODS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The Civil Revision Petition is filed by the petitioners against the orders passed by the III Additional Judge, City Civil Court, Hyderabad, at Secunderabad, in I.A. No.2180 of 1994 in O.S. No389 of 1993, dt.6-2-1995. The learned Additional Judge has rejected the request of the petitioners to direct the respondent to supply the copies of documents, on the ground that the petitioners have already taken three adjournments for filing the written statement and they have hot denied the contention of the respondent that the petitioners got knowledge about the documents filed by the respondent-Bank and the 2nd petitioner had already taken one set of loan amounts executed by him.

(2.) I have heard both the Counsel at length. Learned Counsel appearing for the petitioners contended that the lower Court ought not have dismissed the application to supply the copies of documents in the plaint, to the petitioners. He contended that the lower Court ought to have seen that there is a statutory duty cast on the plaintiff to file in the Court along with the plaint as many copies of the documents as there are defendants, as mandated by Rule 20(4) of Civil Rules of Practice and the Lower Court ought to have seen that as many as 33 documents are filed along with the plaint and without scrutinising the authenticated copies of the same, serious prejudice would be caused to the defendants in drafting a suitable written statement. He contended that only a few documents have been furnished by the respondent-Bank to the petitioners privately before filing of the suit without any assurance of their authenticity.

(3.) On the other hand, the leafned Counsel appearing for the respondent- Bank contended that the petitioners have already obtained the xerox copies of all the agreements executed prior to filing of suit and the lower Court has rightly dismissed the petition of the petitioners to supply the copies of the documents.