CANARA BANK Vs. GULATI TRACTOR EQUIPMENT CO

JUDGEMENT

(1.) Petitioner made an application under Order 18 Rule 17-A of the Civil Procedure Code to lead additional evidence. Additional evidence sought to be produced is power of attorney dated 28.8.1990 as well as certain circulars issued by the Reserve Bank of India relating to rate of interest. Application of the petitioner was declined by the trial Court as it was of the view that all these documents were not relevant for the decision of the case.

(2.) After hearing the learned counsel for the parties, the impugned order is set aside and the petitioner is permitted to prove the power of Attorney as well as circular of the Reserve Bank of India. These documents came into existence during the pendency of the suit and, therefore, the petitioner is entitled to lead evidence. Defendant shall also be given an opportunity to lead evidence in rebuttal as well as raise any objection with regard to admissibility and proof of these documents. Petitioner shall also pay a sum of Rs. 1,000/- as costs to the defendants.