R D SETHNA Vs. JWALAPRASAD GAYAPRASAD

JUDGEMENT

(1.) This is an appeal from a decree of Mr. Justice Macleod dismissing the suit.

(2.) The suit was filed by Bansidhar Lachminarayen now an insolvent and represented by the Official Assignee to recover from the defendants Rs. 3,000 with interest from the 10th June 1912 upon a plaint containing the following allegations:-

(3.) On the 10th of june 1912, the plaintiff received a letter addressed to his firm in Bombay purporting to be from one Ramlal Ramprasad of Harpalpur in Alipur State in the Bundelkhand Agency. The letter enclosed what purported to be a railway receipt for 300 bags of linseed stated to have been consigned by Ramlal from Ranipur station and the plaintiff was asked to sell the goods and meantime to accept and pay on presentment two Hundies for Rs. 3000 each dated the 15th JethSud 1969 drawn by Ramlal in favour of the second defendant firm of Munalal Gayaprasad. On the same day one of the Hundis being a Shah Jog Hundi drawn on the plaintiff by Ramlal in favor of Munalal was presented by the first defendant and on the same day the other Hundi mentioned in the letter was presented by GoDaldas Vallabdas.