LAWS(P&H)-2007-4-2

SUSHIL RANI Vs. ATTAM PARKASH

Decided On April 05, 2007
SUSHIL RANI Appellant
V/S
ATTAM PARKASH Respondents

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned trial Court dated 17-5-2004, whereby an application filed by the plaintiff to submit the accounts and bahi entries for the inspection of the Court was declined.

(2.) The plaintiff has filed a suit for recovery of Rs. 1,38.806/- on the basis of bahi entries inclusive of interest thereon. Along with the plaint, the plaintiff has attached a photocopy of the bahi entries duly signed by the plaintiff as true copies thereof. On an objection being raised by the defendants that original bahi entries have not been produced, the plaintiff moved an application for submitting the bahi entries, which has since been declined by the learned trial Court.

(3.) Learned trial Court has found that the present application has been filed by the plaintiff only after such objection was raised by the defendant in his written statement. Therefore, there is no sufficient compliance of Order 7, Rule 17 of the Civil Procedure Code, 1908 (hereinafter referred to as the Code).