Sukumaran vs M/S.Selsabil Central School Parents

I agree with the Court below that the bank with whom the property is allegedly mortgaged cannot be impleaded at the instance of the defendant. The defendant is free to summon the necessary records from the bank and examine its officials as witnesses. The plaintiff is the dominus litus especially in a suit for specific performance of this nature.

The trial of the suit shall stand deferred by two weeks in order to enable the petitioner to take steps. The original petition is dismissed subject to the above observation.

V.CHITAMBARESH JUDGE DCS