A.P.Srivastava, J. - (1.) This is a plaintiff's appeal that arises out of a suit to recover Rs. 6,300/- from the defendant.
(2.) On the 10th of September 1947 the plaintiff paid in the sum of Rs. 6,000/- to the defendant bank at its Nayaganj Branch in the city of Kanpur for the preparation of a draft in the name of one Dr. Ram Narain of Lucknow, A draft bearing No. 56/47 was prepared for Rs. 6,000/- and was handed over to the plaintiff. The plaintiff retained the draft with himself and did not hand it over to Sri Ram Narain. He informed the defendant that the draft should be cancelled and the money paid back to him. He also offered to furnish an indemnity bond for the amount though he contended that it was not necessary. The defendant bank, however, refused to pay the amount to the plaintiff. The plaintiff therefore sought to recover Rs. 6,000/- the amount originally deposited by him for the purchase of the draft and Rs. 300/- interest thereon at the rate of six per cent, per annum. The total amount claimed was thus Rs. 6,300/-.
(3.) The suit was contested by the defendant who admitted that the plaintiff had paid in Rs. 6,000/for the purchase of the draft and that the draft having been prepared in the name of Sri Ram Narain Shukla had been handed over to the plaintiff. It, however, contended that the plaintiff had no authority to cancel the instructions already acted upon and that it was only Sri Ram Narain in whose name the draft had been prepared who could claim the amount. The plaintiff, it was urged, had no right left and could not get the amount or any interest thereon. It was denied that the plaintiff had at any time gone to the defendant with the draft in question or had notified his intention to cancel it. It was also pleaded that Sri Ram Narain was in any case a necessary party and the suit could not proceed without his being impleaded.;