SATYANARAYAN JHUNJHUNWALA Vs. PUNJAB NATIONAL BANK LTD

JUDGEMENT

(1.) This is an application under the Bankers' Books Evidence Act, 1891, for an order upon the Punjab National Bank Ltd., Lilooah Branch at Howrah to supply a certified copy of the entries in respect of the account of Messrs. Thakurdas Sureka of 172, J. N. Mukherjee Road, Howrah, for a particular period so that the same might be utilised as a piece of evidence in the trial of this suit which is continuing before this Court now.

(2.) Messrs. Thakurdas Sureka is a firm but neither this firm nor any of the partners hereof are parties to this proceeding. In course of this proceeding on or about 12th January, 1976 a similar application was moved ex parte for the production of the very same statement of account of this firm of Thakurdas Sureka and for the very same period as is being asked for now from the above bank. The said application was rejected by this Court because it asked for the production of the certified copy of the statement of account of a constituent who was neither a party to this proceeding nor any of its partners having been called as witnesses in this case.

(3.) Since then further evidence has been taken. The defendants have called a witness by the name of Mahabir Prosad Keshan who happens to be a clerk of the joint receivers appointed over the said firm of Thakurdas Sureka. The said witness produced a copy of the statement of the bank but the same could not be tendered in evidence because the witness had no knowledge in respect thereto nor was the said document a certified copy of the bank. It is now contended that the certified copy should be caused to be produced by making an order in this fresh application so that the said statement of account might be tendered in evidence.