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2018 (4) TMI 1613 - HC - Indian LawsNon-payment of outstanding loan amount - violation of provisions of Section 65B of the Indian Evidence Act, 1872 - Held that:- A perusal of the trial court record in this case reveals that all the original loan documents have been filed. Principal Officer of the Bank has certified the statement of account. Disbursement of the loan itself is not disputed. Repayment of some instalments is also not disputed. Under such circumstances, the Trial Court was in error in dismissing the suit. The Statement of account being a document proved under the Bankers’ Books Evidence Act, there was no requirement to even go into the issue of Section 65B of the Evidence Act. This is the settled position in law. Appeal allowed - decided in favor of appellant.
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