PUNJAB NATIONAL BANK Vs. MAQBOOL AHMAD QURESHI

JUDGEMENT

(1.) THIS revision under Section 115 of the Code of Civil Procedure is directed against the order dated 23-1-1991, passed by Shri M. A. Minz, IIIrd Addl. Judge to the Court of District Judge, Jabalpur in Civil Suit No. 24-A/1989.

(2.) THE applicant/plaintiff had filed a suit for recovery of Rs. 82,016. 70 p. against the non-applicants on 26-4-1989. The plaint in the case was filed in English. After service of summons, it is alleged by the applicant that on 17-7-1990, an application was made by the counsel for the non-applicants in English to supply the copy of the statement of account in Hindi which was accordingly supplied. Thereafter on 23-1-1991, the counsel for the non-applicants filed an application under Section 137 of Civil Procedure Code requiring the applicant to give a translated copy of the plaint in Hindi. This application too was signed by the counsel for the non-applicants in English. The application filed by the counsel for the non-applicants in the court below was opposed by the applicant on the ground that the application under Section 137 of the Civil Procedure Code was filed with a view to avoid filing of the written statement and, their defence was liable to be struck off under the provisions of Order 8, Rule 10 of Civil Procedure Code. The trial Court has rejected the application and directed the applicant to supply a translated copy of the plaint in Hindi.

(3.) THE proviso to Section 115 of Civil Procedure Code requires that Court must also come to the conclusion that the impugned order had occasioned failing of justice. I do not find that it is necessary to issue notice and interfere with the order passed by the Court below.