SHRINARAIN Vs. CHUNNILAL

JUDGEMENT

(1.) THIS is plaintiffs' first appeal against the judgment "and decree of the Additional civil Judge, Udaipur, dated 28th September, 1953 whereby their money suit based on a 'hundi' has been dismissed with costs.

(2.) THE appellants' case was that the respondents Chunilal, Leharilal and Mohanlal are brothers; but in the partnership of respondent No. 4 Mangilal, they had a joint business and their firm went by the name of Leharilal Maugilal. On behalf of this firm, respondent Leharilal handed over to the plaintiffs a 'darshani hundi' dated magh Sud 13 Samwat 2005 for Rs. 5,000/- in consideration of the money which the respondents' said firm was liable to pay to the plaintiffs. Thus the drawer of this 'hundi' was Leharilal on behalf of the defendants' firm, the drawee was the defendants' firm and the payee was the plaintiffs' firm. The plaintiffs sold this 'hundi' to the Bank of Jaipur Ltd. at Kishangarh. The bank, however, returned it to the plaintiffs on 19th of February 1949 as it was not honoured by the respondents' firm. The plaintiffs, therefore, claimed Rs. 5,000/for the 'hundi' and Rs. 76/10/9 for interest and incidental expenses. In all, they brought a claim for Rs. 5,076/10/9.

(3.) THE respondents' reply was that the said 'hundi' was without consideration and it was written out by Leharilal simply to cover the losses that he might incur in the satta transactions to the respondents, it was not a 'darshani hundi' but a 'jokhami hundi' which was to serve the purpose of a security for future losses, if any. They raised several other objections, on whose basis the following issues were framed :