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Madhu Mittal (Director)     10 October 2016

Dismissal of recovery suit for non exhibiting statement of l

 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?

I  have posted this query at thread, I am repeating here it because even though many members not yet registered as Expert, but have plenty of knowledge, so their opinions are also required and welcomed.


 7 Replies

Suri.Sravan Kumar (senior)     10 October 2016

The court should not have dismissed the case on this point. The section ought have retuned the suit on this point.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     10 October 2016

Dismissal of the suit soklely on this groud is not tenable.. There must have been other parameters which the judge must have considered in order to deliver the decision.

Augustine Chatterjee

Advocate & Solicitor at Law


1 Like

Madhu Mittal (Director)     11 October 2016

Respected Sh Suri.Sravan Kumar Sir,

what remedy available to plaintiff? Whether review application in same court or appeal in Higher Court?

Respected Sh Augustine Chatterjee Sir,

This is the only reason to dismiss the suit.

Thanks With Regards,


Suri.Sravan Kumar (senior)     11 October 2016

Its better to file appeal

1 Like

Madhu Mittal (Director)     15 October 2016

Respected Sirs,
 Is there any ruling on this point of any Court, if yes, please provide, that will be very helpful.
Thanks in advance with regard,

Madhu Mittal (Director)     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.

Madhu Mittal (Director)     23 December 2016

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.

At thread, 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.

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,

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