MUKUNDBHAI Vs. BANTHIA TRADING CO

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Section 100 of the civil Procedure Code, this appeal is directed against the judgment dated 1. 2. 1990 of the learned Additional District Judge in Regular Civil appeal No. 35 of 1983, whereby the appeal came to be allowed and the judgment and decree granted by the Trial Court directing the defendants to pay the amount of Rs. 9,563/- with interest at the rate of 10% per annum from the date of suit till realisation, has been set aside and the suit of the plaintiff for recovery of the said amount has been dismissed.

(2.) BRIEFS facts are required to be stated as under: the plaintiff has filed suit for recovery of Rs. 9,563/- on the contentions that defendant No. 1 is a partnership firm of which defendant No. 2 is a partner. The partnership firm is carrying on the business in cloth at Raipur. On 14. 1. 1974 the defendant No. 2 on behalf of the firm obtained the loan of Rs. 7,000/- for the cloth business from the plaintiff by executing a hundi for the amount in the latter's favour. The defendant No. 2 signed the Hundi on receiving the said amount and when the said amount was demanded on the due date, i. e. 14. 4. 1974 for the remaining unpaid amount, the notice dated 2. 9. 1976 was served and the defendants were called upon to repay the amount with interest, but did not pay the same, and therefore the plaintiff filed the suit for recovery of the said amount.

(3.) THE defendant contested the claim by filing written statement. It is contended that they did not enter into any transaction with the plaintiff nor have received the loan amount of Rs. 7,000/ -. It has been specifically pleaded that the defendants used to collect funds through roshanlal and in Order to facilitate the collection of funds, the blank duly signed Hundis were being handed over to the broker and it is the broker Roshanlal who used to collect the funds for them. It is contended that any blank signed Hundi might have been made over by the broker Roshanlal to the plaintiff and the same Hundi is a forged document and the suit is liable to be dismissed.