BANK OF MAHARASHTRA Vs. ELECTRO FABRICS & ORS

JUDGEMENT

(1.) The present revision under Section 115 of the Civil Procedure Code, has been preferred by the plaintiff, against the order dated 15-7-1987 of the trial Court striking out its pleadings in the plaint in Paragraphs 6 to 10, describing them as unnecessary.

(2.) The plaintiff is a Bank and the suit was for recovery of the loan advanced to the defendants. The defendants made an application on 30-1-1987 under Order 6, Role 5 of the Code for supply of statements of accounts from 4-11-1974 onwards on the ground that in the plaint the account was stated to be continuing between the parties from 4-11-1974. The plaintiff opposed the above application for supply of statement of accounts right from 4-11-1974 on the ground that the suit for recovery is based on the statements of accounts of the year 1981 and the acknowledgements made on 10-3-1984.

(3.) The trial Court rejected the application of the defendants on 3-4-1987 for supply of statements of accounts commencing from 4-11-1974. Therefore the defendants moved another application under Order 6, Rule 16 of the Code with a prayer that as the supply of statements of accounts from 1974 had been refused, all the pleadings concerning the same in Paragraphs 6 to 10 of the plaint be directed to be struck off, as unnecessary. On the basis of the second application for striking out of the pleadings, the trial Court by the impugned order dated 15-7-1987 directed that pleadings in Paragraphs 6 to 10 of the plaint be struck off. The plaintiff feels aggrieved by the above order in this revision.