RAMNIWAS GUPTA Vs. BANK OF BADODA

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 3.4.2014 whereby the applications of the petitioner preferred under Order 16 Rule 1 and 6 CPC and under Order 11 Rule 12 CPC were rejected by the Court below.

(2.) SHRI Prashant Sharma, learned counsel for the petitioner criticized the said order by contending that the court below has committed an error in rejecting the said application. By taking this Court to the application Annexure P -8, it is contended that the prayer before court below was that application dated 28.2.2013 (Annexure P -8) be allowed and original sale deeds and other documents which are related with the loan account of plaintiffs and respondents No. 3 and 4 be summoned. This prayer of summoning was from ICICI Bank and Bank of Badoda. It is contended that the court below has only dealt with the aspect of summoning the original sale deeds from office of Registrar and opined that the petitioner can obtain certified copy of the same which can be admitted in evidence as secondary evidence. The other aspect is not dealt with which amounts to non -application of mind. He submits that the other documents are necessary for lawful adjudication of the matter. Shri Prashant Sharma further submits that his application preferred under Order 11 Rule 12 CPC was containing same prayer.

(3.) PRAYER is opposed by Sarvshri Suresh Agrawal, Arun Dudawat and P.C.Chandil, Advocates.