J&K BANK LTD Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) THIS is a defendants appeal against the judgment and decree of the learned D. J., Jammu by which the plaintiffs suit for recovery of Rs. 10,000/ - was decreed with costs.

(2.) THE facts giving rise to the present appeal may be summarized as follows: The plaintiff alleged that he belonged to a respectable family of Mirpur and had a nourishing business in soap and sugar. He had a current account with the defendant Bank as also accounts with other Banks. It is the admitted case of the parties that the Jammu & Kashmir Bank had a branch at Mirpur where the plaintiff was living before partition. The plaintiff further alleged that during the raids of 1947 Mirpur was occupied by the enemy and the plaintiff along with other persons were held prisoners and all the documents and books in his possession including the pass book of the current account were snatched away by the enemy. Sometime after, however, the plaintiff was repatriated to Jammu and he made several representations to and demands from the Jammu & Kashmir Bank at Jammu and Srinagar to pay up the amount but to no effect. The plaintiff further relied on a communication received by him from the Bank dated 10 -5 -1948 wherein the plaintiff was assured that payment of the amount claimed by him would be duly considered. He waited for a long time in order to give an opportunity to the Bank to fulfill its commitment but when he lost all hopes, he gave a final notice asking the Bank to refund the sum of Rs. 10.000/ - lying in his current account at the Mirpur branch and on the Banks refusal filed the present suit. The notice was given on 13 -1 -71 but the defendant refused to refund the amount by its reply dated 4 -2 -71. The suit was, therefore, filed before the D. J. on 9 -2 -71.

(3.) THE suit was contested by the defendant on the grounds that the plaintiff had no document to prove that he had any account with the branch of the defendant Bank at Mirpur, or even if the plaintiff had an account the defendant had no knowledge of it, that neither the record nor the assets of the Mirpur branch of the Bank had been received by the defendant so as to test the validity of the plaintiffs case and that the suit was time -barred, inasmuch as it was filed more than six years after the first demand was made by the plaintiff in 1948. On the pleading of the parties the learned D. J. framed the following issues: - (1) Whether the plaintiff had to his credit a sum of Rs. 10.000/ - in current account with J & K Bank branch Mirpur in 1947 when Mirpur fell into enemy hands? O. P. P. (2) Whether the plaintiff is entitled to any interest, if so, how? O.P.P. (3) Whether the suit of the plaintiff is within time? (4) Relief? O.P.P.