BANARSI DASS MOHAN LAL Vs. CANARA BANK

JUDGEMENT

(1.) PLAINTIFF is in second appeal, aggrieved against the judgment and decree passed by the first appellate Court whereby its suits for recovery was dismissed in appeal on account of territorial jurisdiction.

(2.) PLAINTIFF -appellant filed the suit for recovery alleging therein viz. receipt No. 13540 dated 7.6.1974, Bill No. 107/74 dated 6.6.1974 with Hundi No. 108/74 -75 dated 7.5.1974 for Rs. 6093/ - contained an endorsement in favour of plaintiff by M/s. M.S. Oswal Hosiery with the instructions to the Bank to send money to the plaintiff at Ludhiana vide letter dated 8.6.1974, It is pleaded that even though the Hundi has been endorsed in favour of the plaintiff but still the payment has not been made to the plaintiff and, thus, filed the suit for recovery of the amount of Hundi.

(3.) PARTIES went to trial on the following issues: