PUNJAB NATIONAL BANK LTD Vs. VINOD KUMAR
LAWS(P&H)-1957-1-26
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 25,1957

PUNJAB NATIONAL BANK LTD DELHI Appellant
VERSUS
VINOD KUMAR Respondents

JUDGEMENT

- (1.) THERE was a joint family concern known as Ladha Mal and Sons consisting of Ladha Mal and his two sons Kundan Lal and Roshan Lal and their children. The family resided and carried on business in Wazirabad which now forms part of West Pakistan. On the 17th of December, 1945, a cash credit account was opened with the Wazirabad Branch of the Punjab National Bank limited. The debit balance on the 3ist of December, 1946, stood at Rs. 28,273/0/6 in the Bank's books and on the 31st July, 1947, the debit balance was Rs. 22, 595/4/9. Against this cash credit account Ladha Mal as karta of the family had given to tha Bank as security gold jewellery weighing about 140 tolas 9 mashas and silver ornaments and utensils weighing about. 1373 tolas. During tha disturbances in August 1947 in Wazirabad Ladha Mal and his two sons lost their lives. The Wazirabad Branch of the Bank was closed on the 12th of August 1947 but, the Bank succeeded in bringing the pleaded gold and silver to Delhi. The Bank filed the present suit for the recovery of Rs. 19, 320/2/6 against the surviving, members of the family who are either widows of the family or minors. The suit was contested on various grounds and the trial Court framed the following five issues:--1. What is the amount due to the plaintiff from firm Ladha Mal and Sons on the basis of the cash credit account ?
(2.) WHAT is the effect of hundi for Rs. 5,000/- on firm Hari Das Gopal Das, Bombay, not having been presented to that firm?
(3.) WERE the cheques for Rs. 950/- and Rs. 6/- presented to the Imperial Bank, Ranchi, and the cheques were not cashed?;


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