DINESH MEHTA,J. - (1.) The present appeal has been filed under Section 96 of the Code of Civil Procedure, challenging the judgment and decree dated 17.02.1990 passed by the learned District Judge, Merta in Civil Original Suit No.22/1989 in the matter of M/s Rikabchand Jai Kumar Vs. The United Western Bank Ltd. and Anr. Shorn of unnecessary details the pertinent facts for the purpose of present appeal are that the appellant - plaintiff had filed a suit for recovery of a sum of Rs.29,210/- interalia stating that they had got a draft dated 05.07.1986 of Rs.20,000/- bearing No.16581 prepared from the Bank of Rajasthan Ltd. Branch Kuchaman City, in the name of Firm - M/s Vilas Rai Vinod Kumar at Mumbai and sent the same to the said Firm, vide registered post dated 05.07.1986 vide Receipt No. 156 at its address in Andheri West, Mumbai.
(2.) It had been the case of the plaintiff that when it reconciled the accounts with M/s Vilas Rai Vinod Kumar in November 1986, it came to know that the amount of Rs.20,000/- remitted by aforesaid draft has not been shown to have been received by the said creditor Firm at Mumbai. The plaintiff claimed to have enquired from the Post Office about the delivery of the draft but no material information was given by the Postal Authorities.
(3.) On further enquiries being made by the plaintiff - Firm, it transpired that some unknown person had opened an account in the name of Firm - M/s Vilas Rai Vinod Kumar with defendant No.2, the Mumbai Branch of defendant Bank and encashed the demand draft No.16581 meant for M/s Vilas Rai Vinod Kumar the Firm at Mumbai.;