Andhra High Court High Court

Manex-Nu-Foods, Rep. By It … vs State Bank Of India, Rep. By Its … on 11 July, 1995

Andhra High Court
Manex-Nu-Foods, Rep. By It … vs State Bank Of India, Rep. By Its … on 11 July, 1995
Equivalent citations: 1995 (2) ALT 612
Author: Y Narayana
Bench: Y Narayana


ORDER

Y.V. Narayana, J.

1. The Civil Revision Petition is filed by the petitioners against the orders passed by the III Additional Judge, City Civil Court, Hyderabad, at Secunderabad, in I.A. No. 2180 of 1994 in O.S. No. 389 of 1993, dt.6-2-1995. The learned Additional Judge has rejected the request of the petitioners to direct the respondent to supply the copies of documents, on the ground that the petitioners have already taken three adjournments for filing the written statement and they have not denied the contention of the respondent that the petitioners got knowledge about the documents filed by the respondent-Bank and the 2nd petitioner had already taken one set of loan amounts executed by him.

2. I have heard both the Counsel at length. Learned Counsel appearing for the petitioners contended that the lower Court ought not have dismissed the application to supply the copies of documents in the plaint, to the petitioners. He contended that the lower Court ought to have seen that there is a statutory duty cast on the plaintiff to file in the Court along with the plaint as many copies of the documents as there are defendants, as mandated by Rule 20(4) of Civil Rules of Practice and the Lower Court ought to have seen that as many as 33 documents are filed along with the plaint and without scrutinising the authenticated copies of the same, serious prejudice would be caused to the defendants in drafting a suitable written statement. He contended that only a few documents have been furnished by the respondent-Bank to the petitioners privately before filing of the suit without any assurance of their authenticity.

3. On the other hand, the learned Counsel appearing for the respondent- Bank contended that the petitioners have already obtained the xerox copies of all the agreements executed prior to filing of suit and the lower Court has rightly dismissed the petition of the petitioners to supply the copies of the documents.

4. In the circumstances of the case, I do not find that the lower Court is justified in dismissing the petition seeking for a direction to supply the copies of documents filed with the plaint, to the petitioners. I, therefore, set aside the order of the lower Court and direct the respondent-Bank to furnish Xerox copies of the documents filed along with the plaint, duly attested within one week from today, to the petitioners. Thereafter, the defendants in the suit shall file their written statement within one month from the date of receipt of the documents.

5. The Civil Revision Petition is disposed of accordingly with the above direction. No costs.