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BHAGWAN SINGH versus STATE BANK OF INDIA, BRANCH IGLAS, ALIGARH THRU' BR.MANAGER

High Court of Judicature at Allahabad

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Bhagwan Singh v. State Bank Of India, Branch Iglas, Aligarh Thru' Br.Manager - SECOND APPEAL No. 955 of 2006 [2006] RD-AH 19661 (21 November 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 24

Second Appeal No. 955 of 2006

Bhagwan Singh Vs. State Bank of India, Branch Iglas, Aligarh

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the appellant.

This appeal arises out of the judgment and decree dated 5.9.2006 whereby  the plaintiff-appellant's appeal has been dismissed and the judgment of the trial court has been affirmed.

The plaintiff-appellant filed a suit for a decree of the court directing the defendant-State Bank of India to furnish the statement of plaintiff's account to him stating that certain loan was taken by him from the bank from out of which several instalments of payment had already been made. There was some default committed in the payment of the loan due to unavoidable reasons, which resulted into issue of a recovery certificate against him by the bank. Thereafter, the plaintiff demanded his statement of account from the bank through a notice, but the same was refused. Hence the suit. The suit was contested and the written statement was filed by the bank wherein the entire statement of account was disclosed to the satisfaction of the plaintiff.

The trial court on the pleadings of the parties had framed five issues and recorded its findings in which it has been held that the refusal of the bank to supply the statement of account was in compliance to an order of this court passed in writ petition No. 24957 of 2004. The plaintiff was directed by this court to deposit one instalment whereafter only the bank would supply the statement of account to him. Since the plaintiff did not make deposit, as directed by the court vide order dated 9.7.2004 passed in the writ petition, the bank did not supply the statement of account on a demand made to it. The court found that this refusal of the bank to supply the statement of account was wholly justified in the face of the order of this court and there was absolutely no occasion or cause of action available to the plaintiff to file the suit. Accordingly, the suit was dismissed. These findings recorded by the trial court have been concurred and affirmed by the lower appellate court.

I do not find any infirmity in the findings recorded by the courts below. The plaintiff did not have cause of action for filing the present suit. The refusal of the bank to supply the statement of account was very much justified, as the bank cannot go contrary to what was directed by this court in its order dated 9.7.2004 passed in the writ petition No. 24957 of 2004. Now the statement of account, as given in the defence pleadings, has also been found to the satisfaction of the plaintiff. No relief, as prayed in the plaint since remain required to be decreed, the suit has been rightly dismissed.

This appeal does not have any substance, which fails and is hereby dismissed.

21.11.2006

gp/


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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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