LAWS(KER)-1965-11-14

VASUDEVA PANICKER Vs. SAYED UMMER POOKOYA THANGAL

Decided On November 10, 1965
VASUDEVA PANICKER Appellant
V/S
SAYED UMMER POOKOYA THANGAL Respondents

JUDGEMENT

(1.) THE defendant had issued a cheque, Ext. P-1, on 311952 to the 1st plaintiff for Rs. 2000/- in repayment of his debt; but the cheque was dishonoured on presentation for payment by the bank on January 18, 1952, for want of funds. This suit was instituted for the amount of the cheque on january 11, 1955. Both the Courts below have decreed the suit.

(2.) COUNSEL for appellant-defendant has raised two questions of law, viz. , (1) the suit instituted on January 11, 1955, on a cheque dated January 3, 1952, is barred by limitation under Art. 58 of the limitation Act, 1908, and (2) the decree given to the 2nd plaintiff who was an endorsee after notice of dishonour is unwarranted. I am afraid neither of the contentions has any force.