Bank suit
Querist :
Anonymous
(Querist) 22 December 2011
This query is : Resolved
resp.sir,
when bank recovery suit is pending,myself
being jdr,shall i ask bank to provide some
crucial documents like mortgage deed,through RTI act?and if they dont respond shall i try SEC.80 OF CPC ?
sir,in my case,this case being a
mortgage suit,deliberatly bank has not produced mortgage deed itself,in the court. Please, your advise is most valued one for me.
R.Ramachandran
(Expert) 22 December 2011
Dear Mr. Prakash Y. Kurudigi,
Certain things needs to be clarified first.
1. When the suit for recovery is pending, you do not become a JDR. You will or will not become JDR depending upon the decree that will be passed in the suit and not during its pendency.
2. Having said this, when the bank has filed a suit for recovery, what is the basis for the same?
3. What are the documents filed by the bank so far?
4. Being a party to the suit, if you seek information / document through RTI, it only means that you are aware that such a document is available with the bank. You will be indirectly admitting to the existence of such a document. What will be the effect in case the bank do not make available the document to you is a different matter altogether.
5. Sec. 80 of the CPC is not applicable as far as bank is concerned, especially when you are not going to file any suit or claim against the bank.
6. You have to come out with some more facts. Do you or do you not agree that there was mortgage of the property?
7. What does your lawyer say?
Many of you are asking abstract question without revealing the full facts. Any answers to such isolated questions will not be of great help to you - rather it may land you in trouble in case you acted upon such answers/suggestions.
Therefore, you have to discuss these issues with your lawyer whom you might have already engaged, or if you need any second opinion from another lawyer, then in that case you have to reveal the complete fact situation before seeking any view.
Devajyoti Barman
(Expert) 22 December 2011
Yes.
Moreover if the Bankl has not produced those documents then how could its suit was decreed?
You rather raise these aspects in appeal. These are good grounds of setting aside the decree in appeal.
Advocate M.Bhadra
(Expert) 22 December 2011
During the pendency of the case in DRT you can not get return back Title Deed as the said deed is secured assets of the Bank.If you have any complain against the bank then you should defend the case or settle the matter with the Bank.
Raj Kumar Makkad
(Expert) 22 December 2011
If the suit is pending then your status cannot be JD and if you have become JD then the suit has been decreed against you and in favour of bank..
If suit has been decreed then a valid question arises, why your counsel didn't demand/summonned the desired deed of mortgage during the evidence and how the suit was decreed, if the bank failed to bring the mortgage deed during its evidence.
It seems there is some flaw. You cannot demand the desired documents to fill up the lacuena of your case.
