PRAVAT KUMAR SAHOO Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition seeks to lacinate the order dated 11.5.2018 passed by the learned Civil Judge (Sr.Division), Banki in C.S.(III) No.31 of 2014, whereby and whereunder, learned trial court rejected the application of the defendants to implead the New India Assurance Co. Ltd., Khurda and its Surveyor as defendants under Order 1 Rule 10 C.P.C.

(2.) Plaintiff-Opposite party instituted the suit impleading the petitioner as defendant no.1 for realization of Rs.5,63,662/- along with P.I and F.I.. The case of the plaintiff is that defendant no.1 availed a cash credit facility from the bank and executed the necessary documents in favour of the bank. Defendant no.2 stood as a guarantor in the said loan. Subsequently they became chronic defaulters.

(3.) The defendants entered contest and filed written statement. While the matter stood thus, the defendants filed an application under Order 1 Rule 10 C.P.C. to implead the New India Assurance Co. Ltd. and its Surveyor as defendants on the ground that defendant no.1's unit was insured with the New India Assurance Co. Ltd., Khurda. In 2008 high flood, the unit sustained loss. The insurer appointed a surveyor. The surveyor assessed the loss and paid money to the bank. In view of the same, the insurer as well as its surveyor should be impleaded as parties.