LAWS(P&H)-1991-2-68

SUKHWANT RAI Vs. KALU RAM KHIALI RAM

Decided On February 14, 1991
SUKHWANT RAI Appellant
V/S
KALU RAM KHIALI RAM Respondents

JUDGEMENT

(1.) Plaintiff-appellant filed the present suit on 10-11-1976 against the defendants-respondents for recovery of Rs. 27,200/- on the basis of two Hundis drawn by Lalita Parshad defendant No. 2 on behalf of defendant No. 1, firm. The relief claimed as given in para 9 of the plaint is as under :-

(2.) The suit was resisted by the defendants-respondents written statement was filed and it was denied that Lalita Parshad defendant No. 2 had executed the Hundis and took any amount from the plaintiff on that basis. The averment made was that the defendant-respondent was a drunkard and was in the habit of signing blank papers and Hundis. The plaintiff might have obtained the signatures of defendant No. 2 on blank Hundis when he was under the influence of liquor.

(3.) The parties went to trial on the following issues framed by the trial Court :-