Moohandas Lal Chand vs The Fedral Banks Ltd.
1998 Latest Caselaw 869 Del

JUDGMENT

Mukul Mudgal, J.

1. The plaintiff had filed a suit for a sum of Rs. 571.15 relating to certain deductions and charges by the respondent-defendant Bank. The Trial Court passed a decree in the sum of Rs. 242.50 and declined the rest of the relief claimed in the plaint. The Trial Court has given good reasons for allowing the claims of the petitioner in part and for declining the rest. The plaintiff-petitioner has come up in revision being aggrieved by the disallowed claim. The Trial Court recorded that as far as a sum of Rs. 328.65 was concerned, it was neither pleaded in the plaint nor any revision was filed. Consequently, the said claim was denied.

2. In so far as the claim of Rs. 50/- is concerned, the Trial Court has found that it was neither in the pleadings nor any evidence to establish the claim of Rs. 50/-has been shown. I find the above reasons unassailable.

3. The petitioners have thus been unable to make out any ground for interference under Section 115 of the CPC in revision. Consequently, the revision is dismissed with no order as to cost.