KEHRA HANDLOOM SUPPLY Vs. O B EXPORTS

JUDGEMENT

(1.) This case has been listed before the Division Bench on a reference having been made by one of us (B.N. Kirpal, J.) to decide the following question:

(2.) Briefly stated the facts are that the plaintiff filed a suit for the recovery of Rs. 1,50,502/10. The case of the plaintiff was that the defendant had issued one cheque for Rs. 1,16, 455.50 against the sale of goods which cheque was dishonoured. The plaintiff also claimed interest of 42,546.60 at the rate of 18% per annum. After giving a credit of Rs. 8,500.00 for which payment had been made, the balance amount claimed by the plaintiff in the suit was Rs. 1,50,502/10.

(3.) In the plaint, the plaintiff had stated, . after the parties name, as follows: