INDIAN BANK Vs. DUNLOP INDIA LTD AND ANOTHER

JUDGEMENT

(1.) Animadverting upon the judgment and decree dated 5.7.1990 made in U.S. No. 9632 of 1986 passed by the learned XII Assistant Judge, City Civil Court, Madras as against the second defendant in the suit this appeal is focussed. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(2.) The quintessence of the case of the plaintiff as stood, exposited from the plaint could be portrayed thus :

(3.) Per contra, the first defendant filed the written statement denying and refuting, challenging and impugning the very cause of action for the suit itself. Pithily, D1 would aver as though by the issuance of the cheques, the dues got discharged.