RAMESH CHANDRA Vs. BANK OF INDIA AND OTHERS

JUDGEMENT

(1.) This Revision Petition is directed against the part of the order dated 6.2.92 rendered by IV Additional Judge to the Court of District Judge, Dewas in C.O.S. No. 1-A/92, thereby rejecting the prayer about custody of the truck and directing the applicant to pay requisite Court fees.

(2.) Briefly stated, the facts of the case are that the applicant/plaintiff has filed the suit against NA/defendant for declaration of title of bus bearing registration No. C.P.U. 5027, for possession and for recovery of damages etc. The truck was in possession of the applicant. On the basis of the direction of N.A. No. 1 (Bank of India) Vikas Kulkarni Revenue Officer of N.A. No. 1, seized the truck and placed the same at Police Station, Hat Pipalia on supervision of Ram Ashish (N.A. No. 3). The applicant filed an application under Section 151 Civil Procedure Code on 6.2.1992 praying that the applicant be delivered possession of the truck together with relevant documents. This prayer was oppugned. The Court below rejected the prayer. Aggrieved by this part of the order, the applicant has preferred this revision petition.

(3.) I have heard Shri S.S. Samvatsar learned Counsel for the applicant. Shri Satish Dagaonkar learned Counsel for the N.A. No. 1. None appeared for N.As. 2 and 3.