RAVI INTERNATIONAL EXPORTS Vs. BANK OF INDIA

JUDGEMENT

(1.) The present revision petition has been filed by M/s. Ravi International Exports through its proprietor Smt. Sushma Sharma and others, hereinafter called "the petitioners" directed against the order passed by the learned Additional Civil Judge (Senior Division), Khanna, dated 18.12.1997. The learned trial Court rejected the application of the petitioners seeking recalling of the witness and, the second application for summoning of certain documents by a witness from the Bank.

(2.) The relevant facts are that petitioner No. 2 who is the sole proprietor of petitioner No. 1 is stated to have taken a loan from the Bank of India, Khanna. A civil suit has been filed for the recovery of a particular amount by the Bank of India against the petitioners. The said suit is pending. During the pendency of the suit, an application was filed for recalling Ramesh Chander, a witness of the petitioner, for making a complete statement and yet another application was filed that a Clerk of the Bank should produce certain documents. As mentioned above, the learned trial Court dismissed the application holding that it is totally unnecessary to recall Ramesh Chander witness who has been examined already and as regards summoning of the witness to produce the documents, the application is vague and a blanket order in this regard cannot be passed. Aggrieved by the same, present revision petition has been filed.

(3.) Taking up the first request as to whether Ramesh Chander witness should be recalled, the contention raised is that the statement of Ramesh Chander could not be completely gone through and many vital questions could not be asked. Petitioners claim is that the amount of Rs. 25,000/- had been paid. Ramesh Chander is father of petitioner No. 2. He caused immense mental and financial agony. He is to be questioned to reveal the truth. In other words, it was claimed that he be allowed to put leading questlons.