Kaur Chand vs State Bank of Patiala

J.V. Gupta, ACJ

This revision petition is directed against the order of the trial Court dated November 28, 1989, whereby the application filed by the defendant for sending the documents Exhibits P.6 and P. 13 to the Government Press, Nasik, for determination of he month and the year of the revenue stamps affixed thereon was declined.

The said application has been declined primarily on the ground that the same was moved to delay the disposal of three year old case which is now at the fag end. The said application was filed on March, 29,1989, whereas the same was declined vide order dated November 28,1989. The defendant was yet to lead his evidence in rebuttal. Under the circumstances, it could not be said that there was any inordinate delay on the part of the defendant to make the application. No other reasons have been given by the trial Court for dismissing the application.

The learned counsel for the petitioner submitted that his signatures were obtained on the blank paper at the time of initial advance of loan and, therefore, the questions of any acknowledgement dated October 10,1984, as alleged by the Bank did not arise. According to the learned counsel, in order to determine whether there was any acknowledgement extending the period of limitation, it was necessary that the said receipt be send to the Government Press, Nasik, for determination of the month and the year of the revenue stamps affixed thereon.

On the other hand, the learned counsel for the plaintiff respondent submitted that these are delaying tactics. Otherwise, it is not denied that the loan was advanced by the defendant Bank.

After hearing the learned counsel for the parties, I find that in order to determine the real controversy between the parties, the said documents should have been sent to the Government Press, Nasik for determination of the month and the year of the revenue stamps affixed thereon.

Consequently, this revision petition succeeds. The impugned order is set aside and the trial Court is directed to send the documents to the Government Press, Nasik, for determination. In order to avoid any delay by sending the same by post or otherwise it will be open to the trial Court to send the same through any person whose expenses will be paid by the defendant. His expenses etc. will be determined by the trial Court. In case the defendant refuses to pay the expenses, which will be determined by the trial Court his revision petition stand dismissed.