Code of Civil Procedure, 1908–Order 16, Rule 6 r/w. Sec. 151–Prayer for calling the record of account from the bank–Rejected–Specific averments of the plaintiff that the amount qua the cheques in question had been deposited in the account of the defendant, however, the defendant specifically denied the same–A perusal of bank statement makes it clear that qua the said cheque, only a reflection of clearing has been made and the name of the beneficiary is not mentioned–Clear opinion was required to be called as to in whose account, the amount qua the cheques has been deposited–As per provisions of Sec. 5 of Banker’s Books Evidence Act, the detail can be produced by the order of Court–Further, it is not any banker’s book but only the details of the beneficiary in whose account, the amount has been deposited–Application deserves to be allowed.
