Bhaskar Bhattaeharya, J. - (1.) This revisional application under Section 115 of the Civil Procedure Code is at the instance of a plaintiff in a suit for recovery of money before the Presidency Small Causes Court and is directed against order dated February 19, 1998 passed by the Full Bench of the said Court on an application under Section 38 of the Presidency Small Causes Court Act ("Act") thereby affirming order dated July 21, 1997 passed by the learned Judge, 5th Bench of the said Court in S.C.C. Suit No. 426 of 1994.
(2.) The present petitioner filed the aforesaid suit in the 5th Bench of the said Court against the opposite parties on the allegation that the opposite parties engaged him as an advocate in the several matters in different courts for appearing on behalf of one Sencose Food Products Pvt. Ltd. and he did his professional job accordingly. The opposite party No. 1 on behalf of the opposite parties issued cheques towards such payment and acknowledgement letters admitting that the amount mentioned therein was due. Ultimately, those cheques were dishonoured by the Bank. Hence the suit for realisation of the professional fees.
(3.) The opposite parties No. 1 and 2 contested the said suit by filing written statement thereby stating inter alia that as the petitioner acted as an advocate of Seincose Food Products Pvt. Ltd. of which the opposite parties were directors and the petitioner acting on behalf of the said company received his dues in full and final settlement from the said company, the opposite parties had no liability to pay any amount. The further defence of the opposite parties No. 1 and 2 was that those cheques and acknowledgement letters were issued as a security of the payment by company and as such it was the duty of the petitioner not to present those cheques before bank and to return the cheques and written acknowledgements to the opposite parties. Thus, the opposite parties claimed that in the absence of the said company plaintiff is not entitled to maintain the suit against the opposite parties.;