THE STATE BANK OF INDIA versus SHRI YUMNAM GOURAMANI SINGH

Citation: [1993] SUPP. 1 S.C.R. 309 · Decided: 20-07-1993 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

<, 
' 
THE STATE BANK OF INDIA 
v. 
SHRI YUMNAM GOURAMANI SINGH 
JULY 20, 1993 
[KULDIP SINGH AND P.B. SAWANT, JJ.] 
Evidence Act, 1872:-Section 34-Entries in the books of account and 
other corroborative evidence-Evidentiary value of 
A 
B 
Evidence Act, 1872:-Section 3-Appreciation of evidence-Entries in 
C 
the books of account and other corroborative evidence-Evidentiary value. 
Appellant-bank instituted a suit for recovery of a sum of Rs. 
44,852.35 from tbe respondent. 
The trial court decreed the suit partly. It held that the bank was D 
entitled to recover a sum of Rs.9,992.91 with interest at tbe rate of 7 1/2 
per cent for tbe period from 22.9.1960 till the date of recovery. 
The appellant and the respondents filed appeals before tbe High 
Court against the trial Court's order. 
The High Court by a common judgment allowed tbe appeal of tbe 
respondent and dismissed the appeal of tbe appellant-bank. Hence tbis 
appeal by tbe bank by Special leave before this Court. 
Allowing the appeal, tbis Court 
HELD: 1.1. The trial court held that the re.spondent - defendant 
borrowed the sums of Rs.15,000, Rs.10,000 and also availed of tbe over-
draft current account facility with tbe bank. (311-G] 
E 
F 
1.2. The High Court reversed the findings of the trial court primarily G 
on the ground that there was no evidence on the record to corroborate tbe 
books of accounts which were produced by the appellant before the trial 
court. (312-B-C] 
1.3. The High Court fell into patent error in reaching tbe conclusion 
that there was no evidence to corroborate the books of accounts. (312-D] H 
309 
310 
SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R. 
A 
1.4. Apart from the entries of the books of accounts there was ample 
evidence on the record to corroborate the said entries. P.Ws.5,7 and 8 have 
in their detailed depositions corroborated the entries in the books of 
account. Even otherwise issues nos. 3,4 and 7 were not contested by the 
respondent - defendant. In his written statement, he admitted that he took 
B the alleged loans from the Manipur State Bank which merged in the State 
Bank of India. [313-E-F] 
1.5. The trial court on the basis of the entries in the books of 
accounts and other corroborative evidence reached the conclusions that 
the appellant was entitled to a decree for a sum of Rs.9,962.91 with interest 
C at the rate of 7 1/2 per cent per annum from September 1960 till the 
recovery of the said amount. There is no ground to interfere with the 
finding of the trial court. [313-G-H; 314-A] 
D 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2964 of 
1984. 
From the Judgment and Order dated 19.8.1977 of the Gauhati High 
Court in First Appeal No. 8 of 1972. 
Rajiv Shakdhar and S.S. Shroff (For Mis. Suresh A. Shroff and Co.) 
E for the Appellant. 
A. Sharan for R.P. Singh for the Respondent. 
The Judgment of the Court was delivered by 
KULDlP SINGH, J. State Bank of India at Imphal, Manipur, in-
f 
stituted a suit for recovery of a sum of Rs.44,852.35 from Yumnam 
Gouramani Singh. The trial court by its judgment dated December 31, 1971 
decreed the suit partly and held that the bank was entitled to recover a 
sum of Rs.9,962.91 with interest at the rate of 7 1/2 per cent for the period 
from September 22, 1960 till the recovery of the amount. Being aggrieved 
G by the judgment of the trial court, the bank as well as Yumnam Gouramani 
Singh filed appeals before the High Court. The High Court disposed of 
both the appeals by a common judgment dated.August 19, 1977. The High 
Court allowed the appeal of Yumnam Gouramani Singh and dismissed the 
suit of the bank. The appeal filed by the bank was, as a consequence, 
H dismissed. This appeal by the State Bank of India is against the judgment 
S.B.l. v. Y.G. SINGH [KULDIP SINGH, J.] 
311 
of the High Court. 
Ten issues were framed by the trial court. Issue Nos.3, 4 and 7 were 
as under: 
A 
"3. Did the defendant borrow from the Manipur State Bank 
Ltd. Rs.15,000 on 16.3.1954, Rs.10,000 on 19.9.1955 and draw and B 
overdraft showing a debit balance of Rs.943813/2 on 21.U.1956? 
4. Has the defendant paid Rs.11,300 as being not covered in 
the account filed by the Plaintiff? 
c 
7. Is the defendant not liable for the debts as they are being 
payable by the partners of the Engineering Corporation?" 
The trial court dealt with the above quoted issues in the following 
manner: 
D 
"Issue Nos. 3, 4 and 7. The learned counsel for the Plaintiff 
does not press for these issues,
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