Dismissal of recovery suit for non exhibiting statement of loan account
Madhu Mittal
(Querist) 08 October 2016
This query is : Resolved
In a civil recovery suit, a “statement of account of loan amount” is enclosed and at para 17 in civil suit, it was mentioned that statement of account is the part of civil suit.
But at the time of putting exhibit, there is no exhibit was put on the statement of account of loan. So in decision, the civil recovery suit was dismissed only on the reason, there is no statement of account of loan amount.
Please let me know whether it is correct to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”.
If answer is No, what remedy available to plaintiff?
Even if answer is yes, any remedy now available to plaintiff?
adv.bharat @ PUNE
(Expert) 08 October 2016
Madhu mittal it is your fault not putting exhibit. You can pray it to court.
R.K Nanda
(Expert) 09 October 2016
File appeal in higher court.
Rajendra K Goyal
(Expert) 09 October 2016
If court has decided the case, no other alternate but to go for appeal against the decision.
Madhu Mittal
(Querist) 10 October 2016
Respected Sirs,
@adv.bharat @ PUNE
You can pray to the court. Which court Same court or in appleal to Higher court? Whether it is curable now?
Respected other Sirs,
Please let me know first whether it is curable in appeal or in other words whether if appeal filed, whether it can be allowed to mark exhibit now or even without getting it mark exhibited, it can be read by appellate court. Please guide.
Thanks for all taking interest in my query,
Rajendra K Goyal
(Expert) 10 October 2016
Author,
Order disallowing need to be referred, only god can say result of appeal without referring full case file.
Madhu Mittal
(Querist) 10 October 2016
Respected Sir,
Order disallowing is only on the sole gound as stated before also. so please answer:
Please let me know whether it is correct to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”.
Rajendra K Goyal
(Expert) 10 October 2016
Court orders are always correct / applicable till challenged and reversed by competent court.
Madhu Mittal
(Querist) 11 October 2016
Respected Goyal Sir,
O.k. I agree. But only go to higher court for litigation is not wise decision, if there is mistake in the court order in the opinion of you and other experts, and it can be cured then it will be fruitful to go to Higher Court. That is Why I want to know "whether it is correct/justifiable/lawful to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”."
Thanks with Regard,
Rajendra K Goyal
(Expert) 11 October 2016
Dear author,
Full case file and orders of court need to be referred in deep, discuss with your lawyer.
Madhu Mittal
(Querist) 12 October 2016
Respected Rajendra Sir,
There was also a lawyer in suit recovery case, and I think, everybody agrees, no party itself goes to court for putting exhibits.So here everyone comes, even though one has lawyer at court level, to get expert advise what is right and what to do not only for litigation to continue,if there is chances of wining on law point, one should go further, otherwise leave the matter after expending so much time and money. That is Why I want to know "whether it is correct/justifiable/lawful to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”."
Thanks with Regard,
Rajendra K Goyal
(Expert) 13 October 2016
Dear author,
In such cases with out referring full case file and court decision casual reply / guess without base is possible, which was avoided.
Generally in appeal facts are not considered till some law point is involved.
Whether would win in the case, only astrologer can tell as the chances may depend on so many other factors.
If your lawyer is of the opinion, you should proceed. In appeal, there may be many other legal points apart from this.
Nothing can be gained without efforts.
Madhu Mittal
(Querist) 13 October 2016
Respected Rajendra Sir,
"Generally in appeal facts are not considered till some law point is involved."
That is Why I want to know "whether it is law point or not to dismiss the civil recovery suit only on the sole ground of not exhibiting the “statement of account of loan amount”." If yes, what is the law only on this point.
Thanks with Regard,
Madhu Mittal
(Querist) 14 October 2016
Respected Rajendra Sir,
Thank you now for direct answer.Is there any ruling on this point of any Court, if yes, please provide, that will be very helpful.
Rajendra K Goyal
(Expert) 15 October 2016
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
Madhu Mittal
(Querist) 15 October 2016
Respected Sirs,
If possible,Let me know how to get these ones, if available with any expert of any other member of Forum.
My email is jainfiscal@gmail.com
Thanks in advance with regard,
Rajendra K Goyal
(Expert) 15 October 2016
Consult local lawyer or search indiankanoon.com.
Madhu Mittal
(Querist) 15 October 2016
Respected Sir,
Already consult, but till time, no direct citaion came from local lawyer.Searched indiankanoon.com, but could not get citation till time.
Madhu Mittal
(Querist) 21 October 2016
Respected Sirs,
a decision was found 1992(7)CivilCC(P&H) of THE HIGH COURT OF PUNJAB AND HARYANA Decided On: 22.01.1992 State Bank of India Vs. M/s Khadi Utpadan Kendra & Another, in which it was decided “It appears from the facts and circumstances of this case that these documents could not be exhibited because of inadvertent mistake on the part of counsel for the Bank.” So allowed to exhibit the statement of account, but in this decision application was filed during suit. i.e. before decision.
Is there any other decision in which after decision, it is allowed to exhibit the statement of account of loan account in suit recovery case. If anyone has, please provide.
Rajendra K Goyal
(Expert) 21 October 2016
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Madhu Mittal
(Querist) 22 October 2016
Respected Sirs,
With due respect,If anybody has, and can provide, it will not be harmful to anybody.
Thanks with Regard,
Madhu Mittal
(Querist) 23 December 2016
At thread http://www.lawyersclubindia.com/experts/details.asp?mod_id=601546, citation of Company Law Board
Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995 was provided by the expert Sh. Kumar Doab and there was a success.
no citation was provided by anyone, and the lawyer at our native place, that was engaged for the case, was also not able to find any citation and the result is our review petition was also dismissed. That is why I request to all to provide citations, if any on this particular matter, and even if one requires reasonable charges, that can also be paid.
Thanks with Regard,
