SIBA PRASAD JENA Vs. GANESWAR KHANDA

JUDGEMENT

(1.) DEFENDANT is the Petitioner in this Civil Revision.

(2.) AFTER the ex parte decree was set aside, parties were given opportunity to file list of witnesses and the suit was posted to 30.9.1986 far hearing, That day Defendant filed an application to direct the Branch Manager, Central Bank of India Balasore Branch, to submit information by producing certified copy of the entries of the Accounts of -

(3.) IT is submitted that the application is for exercise of discretion under Section 6 of the Act. There is no doubt that Court has discretion to pass an order under Section 6. This direction is to be judicially exercised. For exercise of .judicial discretion it is to be first considered whether the application is self contained. Where the application would not disclose the reason the wide discretion of the Court would 'not be' exercised. Thereafter, it is to be considered whether the entries sought to be inspected by the applicant are relevant for the suit. Relevancy shall be considered as, the basis of pleadings in the suit since Court cannot entertain any evidence for which there is no basis in the pleading. Once it is a discretion conduct of the party is material. Even if the conduct would be deplorable, Court can exercise the discretion in favour of the applicant where the prejudice of adversary can be mitigated by payment 'of cost'. Where the Court feels that such inspection would assist it at arriving at a just conclusion, it tan a) so permit inspection. As has been provided in Section 6, the order is to be passed without hearing the bank. Accordingly, the objection of the bank if any shall be carefully considered where a direction under Section 6 is given without hearing the Bank. Since assertion of facts and circumstances, is necessary in the application: Court shall insist on the affidavit of the applicant, so that any false assertion to invoke the discretion of the Court would attract penal consequence.