DILIP KOTHARI Vs. VIJAYA BANK

JUDGEMENT

(1.) The defendant has filed this revision petition under Section 115, C.P.C. against the order dated 21-11-1997 passed by the learned Additional District Judge No. 1, Jodhpur in Civil Original Case No. 8/97 whereby the application filed by the defendant-petitioner under Order 6, Rule 5, C.P.C. was dismissed.

(2.) Material facts necessary for the disposal of this petition may be stated as follows. The non-petitioner No. 1 filed a suit for recovery of Rupees 4,47,263.93 against the petitioner and non-petitioner No. 2, which is pending before the learned Additional District Judge No. 1, Jodhpur. In that suit, the plaintiff made averments that the petitioner had pleaded shares, the list of which has been submitted before the Court giving all the necessary particulars. The petitioner filed an application under Order 11, Rule 14, C.P.C. for production of the said shares. In reply to this application, the plaintiff-Bank said that the pledged shares as mentioned in the plaint, were not with the Bank. It was explained that the shares pledged by the petitioner were returned to the petitioner by the Bank and the petitioner re-pledged the same by pledging new shares. The petitioner, therefore, filed an application under Order 6, Rule 5, C.P.C. for getting clarification from the plaintiff-Bank asking the plaintiff when the petitioner made a request to the plaintiff-Bank for return of the pledged shares, when his request was accepted, when the shares were returned by the Bank to the petitioner and when the new shares were pledged with the Bank in place of the original shares. According to the petitioners, all these particulars are necessary for the plaintiff to narrate in the pleading. In reply to the above application, the non-petitioner No. 1 did not give any particulars sought by the petitioner. The Court dismissed the above application by stating that the plaintiff- Bank is ready and willing to submit the new shares pledged with the Bank. The question is whether the Bank is required to give full particulars in the plaint as asked by the petitioner and required by law to be stated in the pleading ?

(3.) I have heard learned counsel for the petitioner and non-petitioner No. 1.