Dipak Kumar Sen, J. - (1.) The Sumani Ferro Alloys Ltd., the plaintiff instituted this suit under Order 37 of the Civil P, C. against Super Forging Steel Sales Private Limited and the Bank of India, defendants Nos. 1 and 2 respectively, claiming a decree for Rs. 3,62,131/- with interests and costs. The plaintiff's cause of action is based on several Hundies, all drawn by the plaintiff on the defendant No. 2 and accepted by the defendant No. 1 in March, 1679. It is alleged that the said Hundies matured in April and May 1979 when it is alleged they were presented by the defendant No. 2 to the defendant No, 1 for payment but were dishonoured.
(2.) On or about the 25th Aug., 1980 it Is alleged that the defendant No. 2 endorsed in favour of the plaintiff the said Hundies for value received.
(3.) The plaintiff claims to have become the holder of the said Hundies in due course and alleges that it again presented the said Hundies to the defendant No. 1 for payment but the same were again dishonoured. In this application the plaintiff prays for a final judgment of the amount claimed in the suit with interest and costs.;