RAM PAL SINGH Vs. SYNDICATE BANK

JUDGEMENT

(1.) Challenge in this revision is to the order dated 24-5-1999 passed by the learned Civil Judge (Junior Division), Faridabad.

(2.) Syndicate Bank had filed a suit for recovery of Rs. 41,985/- against the defendants. The suit was contested by the defendants on various grounds including the plea of limitation. During the pendency of the suit, application dated 1-9-1999 was filed by the plaintiff, respondent herein for leading secondary evidence in regard to "acknowledgment of debt dated 25-9-1990". This application was opposed by the defendants (present petitioners), who contended that the application was not maintainable and was abuse of process of the Court. It was contended that the prayer of the applicant had been declined on an earlier occasion by the Order of the Court dated 24-5-1999.

(3.) It was the case of the bank the original acknowledgment has been placed on Court's record but it was misplaced. Vide its earlier application, the bank had made prayer as under :-