UNION BANK OF INDIA Vs. LIAKAT ALI

JUDGEMENT

(1.) THE appellant-Bank, which is not able to get a decree as against all the three defendants together but only as against the third defendant, has filed this appeal.

(2.) THE following substantial question of law was formulated for consideration:-

(3.) THE suit claimed was contested by the first and second defendants on the ground that, (a) suit promissory note is not supported by consideration and (b) the first defendant never instructed the appellant-Bank to make payment to the third defendant, who is the supplier of the lathe. It is the contention of the first defendant that the third defendant failed to deliver the goods i.e., the lathe to the first defendant and therefore, he is not liable to make any payment to the appellant- Bank.