DHIRENDRA SINGH Vs. RAMESH CHAND

JUDGEMENT

(1.) Both these revision petitions are directed by the petitioners against the order of the Addl. District Judge No.1, Bharatpur in Civil Misc. Application No. 89/94 and the same are being taken up for hearing together and are being decided by this common order.

(2.) The facts of the case and the grounds to challenge this order are taken from S.B. Civil Revision Petition No. 798/2000.

(3.) The plaintiff non-petitioner No. 1 filed a civil suit in the court of District Judge, Bharatpur along with application under Order 39 Rules 1 and 2 CPC r/w Section 151 CPC on 3.7.1992. It is averred in the suit that on 22.3.1991 plaintiff non-petitioner No.1 has got an FDR for the sum of Rs. 3,00,000/- from Indian Bank, Bharatpur branch in favour of the Executive Engineer, PWD Division National High Way No. 3, Jaipur as he was intended to participate in the bid which was to be held at Jaipur. He has not participated in the bid. He lost the FDR as what is alleged. On maturity of the FDR on 25.3.1992 he had asked the bank authorities to give him the money, but the payment has not been made by the bank. It is stated that there is nothing outstanding with the PWD and the bank and both the bank and PWD are not justified to withhold the FDR. In the suit it is prayed that the FDR be not allowed to be encashed by any other person and FDR may be allowed to be encashed by the plaintiff petitioner.