Court No. - 4 Case :- WRIT - C No. - 17660 of 2010 Petitioner :- Rakesh Pal Singh Respondent :- Charan Singh And Others
Petitioner Counsel :- Bharat Prataap Singh
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Suit was filed by the plaintiffpetitioner for specific performance of contract.
During the pendency of the proceedings, an application was filed with the
prayer to summon the account maintained by the defendant in State Bank of
India. The application was rejected by the trial court on the ground that there
was no averment in the plaint that the amount said to have been received as
earnest money was deposited in the account and the said bank account has
been closed. Thereafter the plaintiffpetitioner moved an application for
amendment to bring on record the fact that the amount of earnest money by
the defendantrespondent was deposited in his account in the State Bank.
Trial court rejected the amendment application. The plaintiffpetitioner went up
in revision. During the course of argument, a statement was made on behalf of
the plaintiffpetitioner before the revisional court that in case the amendment
application is allowed, he shall not seek to lead any evidence. On this
statement, the counsel appearing for the defendantrespondent conceded
before the revisional court for the amendment application to be allowed.
Revisional court vide order dated 19.03.2007 allowed the revision and
permitted amendment in the plaint. As soon as the amendment was
incorporated, the plaintiffpetitioner took a somersault and made an application
dated 12.07.2007 that details of the savings bank account maintained by the
defendant in State Bank of India may be summoned. The trial court rejected
the application on two grounds. Firstly, an earlier application with the same
prayer has already been rejected and secondly, that plaintiffpetitioner cannot
be permitted to lead evidence in view of the statement made by him before the
revisional court.
A litigant cannot be permitted to make some statement whenever it suits him
and then take Uturn and resile therefrom, when it suits him otherwise.
In view of above, since the plaintiffpetitioner has himself made a statement
before the revisional court that he will not lead any evidence after the
amendment application is allowed, the application for summoning the record
from the Bank in the form of evidence has rightly been rejected by the trial
court.
The writ petition being devoid of merits, stands dismissed in limine.
02.04.2010
VKS/ WP 17660/10