MADHYA BHARAT KHADI SANGH Vs. B K KAPOOR

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgement and decree dated 6-1-1969 passed by the II Additional Civil Judge, Moradabad in Civil appeal No. 218 of 1968 arising out of original suit No. 59 of 1963.

(2.) FACTS relevant for the disposal of this appeal are these : The defendant appellant carries on business in Bhopal district Fatehgarh. The appellant placed order for supply of some utensils with defendant Nos. 2 to 4. The defendant respondents handed over railway receipt along with a hundi to plaintiff respondent No. 1. The plaintiff respondent No. 1 sent R-R and hundi to the Punjab National Bank. The hundi was payable after 21 days. The appellant accepted the hundi and took railway receipt from the bank. Thereafter the appellant took delivery of the goods. But the appellant did not make payment of the hundi to the Bank. Therefore, the plaintiff respondent No. 1 brought suit for recovery of the amount of the hundi.

(3.) THE Additional Munsif who tried the suit found that the plaintiff respondent No. 1 had not paid the amount of the hundi to defendants Nos. 2 to 4, that the plaintiff was not a holder in due course of the hundi, that after the hundi was not paid by the appellant, the respondent No. 1 had not given any notice to defendants Nos. 2 to 4. On the basis of these findings the plaintiff's suit was dismissed with costs.