RADHEY SHYAM Vs. BENI RAM MOOL CHAND

JUDGEMENT

(1.) THIS is a plaintiff's second appeal which has been referred to this Division Bench by a learned Single Judge of this Court as an important question of law was involved therein.

(2.) THE plaintiff filed the present suit for the recovery of Rs. 1,527-8-0 on the allegation that the firm Agarwal Glass Works which was carrying on the business of manufacturing and selling glass phials at Harduaganj District Aligarh sold glass phials worth Rs. 2,700 to the defendant, who gave a cheque for the said amount of Rs. 2,700 on the 4th of October, 1948 on the Hindustan Commercial Bank but the cheque was dishonoured. The plaintiff then demanded the money from the defendant who paid only Rs. 1,506. The plaintiff therefore, filed a suit for the recovery of the balance together with interest thereon at six per cent per annum in the Court of the Munsif of Koil district Aligarh on the 24th of February, 1950 In the plaint, it was alleged that the transaction had taken place at Harduaganj within the jurisdiction of the Court. The payment was also agreed to be made at Harduaganj and, therefore, the Munsif at Aligarh had jurisdiction to try the suit.

(3.) LEARNED counsel appearing for the appellant in this Court contended that the lower appellate Court was wrong in basing its decision upon the findings of the Aligarh Court. The question of limitation was raised in the Court below and the Court was bound to decide the matter on the basis of the evidence before it. On the other hand, learned counsel for the respondent contended that the findings of fact recorded by the Aligarh Court wore res judicata and the Courts below could not reopen that question. The lower appellate Court was according to him right in relying upon the findings of the Aligarh Court and holding that the plaintiff had made false allegations in the plaint in order to give jurisdiction to the Aligarh Court The main point for consideration in this appeal on this question therefore, is whether the decision of the Aligarh Court barred a consideration of the same points in the Court at Kanauj.