Section 65B objections cannot defeat recovery claims when bank records and loan documents reliably prove the debt.

Original loan documents, a bank-certified statement of account and an authenticated Section 65B certificate were treated as sufficient proof of the lending transaction and outstanding liability. The court held that a recovery suit could not be dismissed on an unduly technical objection to electronic evidence where authenticity was otherwise established, the defendants had not disputed execution, and there was no real allegation of tampering or fabrication. The recovery dismissal was set aside and the bank was found entitled to a decree for the outstanding amount with pendente lite interest.

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Issues: Whether the suit for recovery was wrongly dismissed for want of compliance with Section 65B of the Evidence Act, and whether the bank's loan documents and statement of account were duly proved so as to justify a decree for the outstanding amount.

Analysis: The original loan documents were on record, the defendants had not appeared to dispute their execution, and part repayment of the loan stood reflected in the account statement. The statement of account was certified under the Bankers' Books Evidence Act, and the certificate under Section 65B was filed through the bank's authorised representative. In these circumstances, the evidence could not be discarded on a hyper-technical view of Section 65B. The court also treated the trial court's insistence on strict compliance as overly technical, and held that electronic evidence, particularly in banking transactions, must be approached pragmatically where authenticity is otherwise demonstrated and there is no real challenge of tampering or fabrication.

Conclusion: The dismissal of the suit was set aside. The bank was held entitled to a decree for the outstanding sum with pendente lite interest.

Final Conclusion: The appeal succeeded, and the recovery claim was allowed on the basis that the bank had proved the loan transaction and outstanding liability through admissible documentary and electronic evidence.

Ratio Decidendi: Where original loan documents and a bank-certified statement of account establish the transaction and outstanding liability, a recovery suit cannot be rejected on an unduly technical objection to the Section 65B certificate if the electronic evidence is otherwise reliable and properly certified.

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