GOKAL SINGH Vs. BAKSHI RAM

JUDGEMENT

(1.) This appeal is brought against an order passed by Mr. Sheo Parshad, Senior Subordinate Judge, Gurdaspur, acting as a Tribunal dated 5/6/1952, awarding against original respondents Nos. 2 and 3 a decree for Rs. 13,000.00.

(2.) The facts of the case are that a firm, Krishana Wholesale Cloth Syndicate Group (A)', was carrying on business in Sheikhupura. It had three partners -- Firm Bakshi Ram -- Roshan Lal, -- Firm Surain Singh-Gokal Singh and Firm Sohna Mal--Des Raj. On the partition of the country the partners of this syndicate came to Amritsar and an award, Exhibit A. 1, was given by which the partnership was dissolved and the assets of the firm were divided and a cheque for Rs. 13,000/- was given to firm Bakshi Ram-Roshan Lal. It was signed by Bakshi Ram and Gokal Singh. The cheque is not on the present record as I am informed that it is missing. On 1/11/1947 the cheque was transferred by the firm to Roshan Lal and when presented it was dishonoured on the ground, which is not accepted by the appellants, that the Bank account had not been transferred to India from Sheikhupura.

(3.) On 28-10-1950 Roshan Lal brought a suit at Pathankot for recovery of Rs. 13,000/- but as the suit was in 'forma pauperis' and it was not shown that the petitioner was a pauper, he was, on 2-1-1952, given time to make up the court- fee.