K.Gopal v. Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 6523 of 2025 and CMP.No.32247 of 2025 K.Gopal Petitioner Vs Bank of Baroda West Mambalam Branch, No.90, Arya Gowda Road, West Mambalam Chennai 600 033 Represented by its Chief Manager Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India praying to set aside the fair and decretal order dt. 28.07.2025 passed by the Learned XXII Assistant City Civil Court at Chennai in I.A. No. 4 of 2025 in OS No. 1816 of 2024.

For Petitioner(s):

M/s.S.Murugesan For Respondent(s):

Mr.R.Sreedhar

ORDER

The Civil Revision Petition is filed challenging the order passed by the Trial Court allowing the application filed by the respondent/ plaintiff to produce additional documents.

2. The respondent bank filed a suit for recovery of money against the petitioner based on loan account. The petitioner herein filed an application in IA.No.3 of 2025 requesting the Court to take the question of limitation as a preliminary issue. In these circumstances, the plaintiff filed instant application to receive additional documents namely deposited challan dated 11-05-2023 under which the petitioner said to have deposited Rs.20,000/- into the loan account. The said application was opposed by the petitioner on the ground that payment of Rs.20,000/- would not amount to acknowledgement of the entire debt. It was also stated that the challan was created by the respondent.

3. The Trial Court allowed the application and ordered the document to be received subject to proof and relevancy. Merely because the document is ordered to be received subject to proof and relevancy, we cannot assume the genuineness of the document has been proved and payment of Rs.20,000/- would amount to acknowledgement of the entire debt. All those questions have to be decided at the time of final disposal. It is also open to the petitioner to lead evidence regarding the plea raised by him that the document was a created one. Now, the document has been received only subject to proof and relevancy. Therefore, the petitioner is entitled to raise all objections at the time of final disposal. I do not find anything to interfere with the impugned order passed by the Trial Court.

4. Accordingly, the Civil Revision Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 19-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes nr To

1. The XXII Assistant City Civil Court, Chennai

2. The Bank of Baroda West Mambalam Branch, No.90, Arya Gowda Road, West Mambalam Chennai 600 033

S.SOUNTHAR J.

nr and CMP.No.32247 of 2025 19-12-2025