TEK CHAND MADAN Vs. SHYAM KAMAL AGENCIES

JUDGEMENT

(1.) The suit No. 251 of 1976, with which I am at the moment concerned was instituted by Tek Chand Madan against M/s. Shyam Kamal Agencies through its partner Shyam Kishore Tan- don on 27-2-1976 under Order XXXVII Rule 2 of the Code of Civil Procedure for recovery of Rs. l,01,938.00 .

(2.) The plaintiff's case as revealed by his plaint is that he is Payeecum-Holder for valuable consideration of the following Hundis which were drawn by the defendant in his favour on itself on deposit of the full amount by the plaintiff with the defendant stated in each hundi ; Serial DateofHundis Cue date Amount 170. Rs. 1. 16-3-19-72 ....... 10-3-1973 5,000 2. 25-4-1972 ....... 19-4-1973 5,000 3. 14-5-1972 ....... 8-5-1973 5,000 4. 1-9-1972 ....... 25-8-1973 5,000 5. 11-9-1972 ....... 31-3-1973 5,000 6. 30-10-1972 ..... 31-3-1973 4,700 7. 1-7-1972 ....... 24-6-1973 10,000 8. 1-7.1972 ....... 24-6-1973 10,000 9. 6-3-1972 ........ 28-2-1973 2,000 10. 10-4-1972 ....... 4-4-1973 2,000 11. 9-3-1972 ....... 3-3-1973 4,000

(3.) The plaintiff is the holder for valuable consideration and in good faith being the endorsee of the following hundis which were drawn by the defendant on itself in favour of different payees specified therein and who endorsed the said hundis in favour of the plaintiff after receiving full amounts specified in the hundis from the plaintiff and duly delivered the said hundis to him : Serial Date of Hundi No. 1. 29-1-1973 2. 22-1-1973 3. 22-1-1973 4. 29-1-1973 28-4-1973 10,000 21-4-1973 5,000 21-4-1973 3.000 28-4-1973 4,000