FOUR BHAI PRIVATE LIMITED Vs. WALAITI RAM

JUDGEMENT

(1.) This judgment will dispose of R. S. As. 184-D and 188-D of 1966 in which common questions of law arise. R.S.A. 184-D/ 1966 arises out of suit No. 571 of 1964 and R.S.A. 188-D/1966 arises out of Suit No. 570 of 1964. Both these suits were filed on the 15th of December, 1964. The appellants were defendant No. 1 in both the suits. In Suit No. 571 of 1964 out of which R.S.A. 184-D/1966 arises the second defendants were M/s. Gian Surgical Works, who are the second respondent to that appeal.

(2.) In Suit No. 570 of 1964 out of which R. S. A. 188-D/66 arises M/s. Chacha Surgical Works figured as the second defendant and are the second respondent to the appeal.

(3.) The broad allegations in the plaints through which the suits were instituted present some identity. It was alleged by Walaiti Ram plaintiff who is Respondent No. 1 to both these appeals that the cheques mentioned in paragraph 1 of the two plaints had been issued by the present appellants for the respective amounts in favour of the second defendant in both the suits. The common allegation then was that without presenting the cheques to the State Bank of India, the drawee in both the cases, the second defendant in each suit had negotiated the cheques by delivering them to the plaintiff on the different dates mentioned in the two plaints and had received consideration in respect thereof. It was not stated that the consideration consisted of any precise amounts paid to the second defendant.