Mrs.K.Anusuya v. Dilip Sankarreddy,

A.No.3578 of 2022 in C.S.No.408 of 2018 C.V. KARTHIKEYAN , J.

This application has been filed by the defendant in this suit. It is to be mentioned that issues have been framed and the parties have been permitted to tender the evidence. It is the grievance of the defendant herein that amounts have been deposited in Andhra Bank, now called Union Bank of India at Triplicane Branch, Chennai - 5 and the maturity amounts on those fixed deposits, had been withdrawn by the plaintiff when he attained the age on maturity. This fact of withdrawal, is denied by the plaintiff.

It is stated that details to establish deposit of money in fixed deposit and to examine whether such amounts have actually been withdrawn, and if withdrawn, whether the plaintiff had withdrawn the said amount are required to be produced from the custody of the Branch Manager, Andhra Bank/presently Union Bank of India, Triplicane Branch, Chennai - 5. For that purpose, the present application had been filed taking advantage under Order 16 Rule 7 of the Original Side Rules and Order 16 Rule 6 of the Code of Civil Procedure. 2.Any document produced will always be subjected to cross examination and and its admissibility, relevancy and proof, will have to be examined. C.V. KARTHIKEYAN , J.

https://www.mhc.tn.gov.in/judis

kp Production of the said document is only to establish a fact and relevancy or otherwise of such fact, can be urged at the time of advancing arguments by both the learned counsels.

3.Taking that view, the present application is allowed. 4.During the course of trial, while examining, the Branch Manager, necessary process to be issued for his/her presence and to produce relevant documents as stated in the present application. 5.This application stands allowed.

14.11.2022 1/2 kp A.No.3578 of 2022 in C.S.No.408 of 2018 https://www.mhc.tn.gov.in/judis