BANK OF BARODA Vs. A K SHARMA

JUDGEMENT

(1.) Present second appeal has been filed by the Plaintiff-Bank under Section 100 Code of Civil Procedure challenging the judgment and decree dated April 4, 1987 passed by First Appellate Court/District Judge, Gurdaspur thereby allowing first appeal and dismissing the suit of the Plaintiff-Bank on the ground, suit is barred by limitation.

(2.) The brief facts of the case are that the suit was brought by Bank of Baroda against A.K. Sharma, Ex. Accountant of the Bank and Ms. Anita Rani wife of A.K. Sharma, alleging inter alia that A.K. Sharma-Defendant worked as Accountant in the Bank. During this period he committed breach of trust by misappropriating the amounts entrusted to him as Accountant by various clients of the Plaintiff-Bank; in this way he caused wrongful gain to himself and wrongful loss to the Plaintiff-Bank; fictitious entries in the account of the Bank were made; documents were forged; receipts were issued by A.K. Sharma Defendant No. 1, to the clients; however, amounts were not credited.

(3.) Defendants contested the suit and preliminary objections were taken. The suit was barred by time; it was bad for misjoinder of parties; it was also denied that the Plaintiff-Bank was a corporate body and R.S. Kapur was competent to the file the suit; on merits, all the allegations were denied; there was no wrongful loss to the Bank; there was no breach of trust; all the allegations of fraud alleged in the plaint were specifically denied; Defendant No. 1 was not informed of any inquiry; Civil Court at Panchkula had not jurisdiction to try the suit.