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vijay (consultant)     09 August 2010

bank recovery suit

Also in special civil suit can the defendent call for documents from plaintiff bank ?under which provision and any judgement of High court or supreme court.

Is it mandatory for the defendent to file W.s. within 90 days period from the case filed in court of law.

Even if the plaintiff bank fails to deliver the documents to the defendents within prescribed time or reasonable period given to them,what will be the status for defendents ,and how they can derive benefit of this situation?

 

Vijay



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 August 2010

W.S. is to be filed within 30 day from the date of service of summons and the period can be extended upto 90 days by the court. If the deft calls for the documents in the possession of the plaintiff bank and the bank does not show the same in the court then, adverse inference can be drawn by the court against the bank.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     10 August 2010

Aptly answered by Archana

vijay (consultant)     20 August 2010

Sir,Thank you and i value for your advice.

I have made extensive search in this case .

SC[Fraud] Suppression of a document,may amount to Fraud on Court.[2009](3) Civil Court Cases 577(S.C.)

Still i expect the S.C. direction in this regards.

Vijay

Commercial Advisor

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 August 2010

Mr Vijay pl attach this judgment as file for benefit of all.


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