Banker's Book Evidence Act
[XVIII of 1891] Section 2(8), 4 and 6 read with
Artha Rin Adalat Ain [VIII of 2003]
Sections 4, 6 and 19-The Artha Rin Adalat should dispose of the suit on merit but should not discharge the suit on default. And in such a case the court ought to have considered the documents filed by the parties along with the plaint.
Even the court can consider all the documents at the time of pronouncement of judgment if the parties failed to examine the witness, such as the plaint, the written statement and other documents which has been filed by the parties with affidavit.
A "certified copy" means a copy of any entry of the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title."
The High Court Division held that in the instant case the Artha Rin Adalat without giving scope to the bank to produce witness or the original documents within a reasonable time provided under sub-section 1 of section 6 of the Act, 1891 passed the impugned judgment. In such a case since huge amount of public money has been involved in the instant case and at the time of hearing of the appeal the learned Advocate has produced all the original document of loan, so, The High Court Division is inclined to allow the appeal and sending back the suit to the trial court to dispose of the suit afresh giving scope to produce the original documents or evidence within a reasonable time to prove their cases. In the result, the appeal is allowed. Janata Bank Limited -Vs. Diniat Begum and another (Civil) 21 ALR (HCD) 160- 163
