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INDIAN BANK versus JAGJIT SINGH

High Court of Punjab and Haryana, Chandigarh

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Indian Bank v. Jagjit Singh - SAO-3-2003 [2006] RD-P&H 2626 (26 April 2006)

S.A.O. No.3 of 2003 1

IN THE HIGH COURT OF PUNJAB & HARYAN AT CHANDIGRH

S.A.O. No.3 of 2003

Date of decision: April 6,2006

Indian Bank V. Jagjit Singh

CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
Present: Shri Tribhawan Singla, Advocate, for the appellant.

Viney Mittal,J,(Oral)

Order dated September 16,2002 passed by the learned District Judge, has been challenged by the plaintiff-Bank. Vide the aforesaid order, learned District Judge noticed that there were discrepancies in the account books of the plaintiff-Bank and, at no point of time,the learned trial court had granted an opportunity to the defendants to lead evidence in rebuttal.

Consequently, the judgment and decree of the learned trial Court was set aside and the case was remanded back to the learned trial Court for fresh decision after affording an opportunity to the parties to lead evidence.

It has not been pointed out by the learned counsel appearing for the appellant that a chance to rebut the evidence of the plaintiff-Bank was not granted to the defendant by the learned trial Court. In these circumstances, the observations made by the learned District Juge cannot be held to be erroneous in any manner. The order of remand cannot be held to be defective in any manner.

In view of the above, I do not find any merit in the present appeal. The same is hereby dismissed.

April 6,2006 (Viney Mittal )

sks Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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