VISVONATA RAGHUNATH AUDI Vs. MARIANO COLACO

JUDGEMENT

(1.) This is a plaintiff s appeal against the judgment and decree dismissing his suit for recovery of Rs. 10,000/- with interest and costs.

(2.) The suit was based on a hundi (a Bill of Exchange) dated 24-11-1966 for a sum of Rs. 10,000/- allegedly drawn by respondent No. 1 for money lent as advance to his wife respondent No. 2 who was said to have accepted the Bill. The Bill was protested before the Notary Public. The amount was not re-paid.

(3.) Respondents denied the execution of the hundi and receipt of any sum thereunder. According to them it was a forged document and the claim was totally false. They pleaded facts to show that this transaction could never have been entered into nor could such a huge sum be advanced without any security.