KANHYALAL UPADHAYA Vs. SREE NAND DUBEY

JUDGEMENT

(1.) In this Rule two questions of law arise for consideration, one relating to the effect of the presumptions enjoined by Section 118 of the Negotiable Instruments Act and the other relating to the interpretation of Section 43 of the said Act, particularly its latter part, and the scope thereof.

(2.) Civil Revision Case, No. 1227 of 1951, against the decision of Charu Chandra Gang li, Chief Judge, and S.N. Bhattacharjee, Judge, Special Bench, Small Cause Court, Calcutta, dated Feb. 14, 1951, upholding the judgment and decree of B.P. Bukshi, Judge, Fourth Bench, Small Cause Court, Calcutta, dated Dec. 8, 1949.

(3.) The suit which has given, rise to the present Rule was a simple suit for recovery of dues on an alleged promissory note. It was instituted in the Court of Small Causes, Calcutta, on April 5, 1949, and was dismissed by the learned trial Judge on December 8, 1949. Then followed an application for new trial under Section 38 of the Presidency Small Cause Courts Act, and the same having proved unsuccessful, the present Rule was obtained by the Plaintiff on May 28, 1951.