Satya Brata Sinha, J. - (1.) The question referred to this bench is that in a case where both the plaintiff and the defendant failed to adduce reliable evidence in support of their rival contentions as regards passing of any consideration in a negotiable instrument, what will be the effect, if any, of the legal presumption in terms of Section 118(a) of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act').
(2.) Later on, however, the entire first appeal which arose out of a judgment and decree dated 17th September, 1971 passed by S.K. Mukherjee, J. in Suit No. 1340 of 1962 has been assigned to this bench by an order of Hon'ble the Chief Justice.
(3.) The fact of the matter lies in a very narrow compass.;