Judgement

Appeal (No. 93 of 1934) from a decree of the High Court (November 22, 1932), which reversed a decree of the Subordinate Judge, at Allahabad (September 18, 1928).

The firm of Bond Bros., of which the respondent Tandon was a partner, received a cheque for Rs. 14,950, dated August 12, 1923, drawn on the Central Bank of India by the Indian National Congress in payment of work done for the Congress. In a settlement of accounts between the partners Bond Bros, endorsed the cheque to Tandon for moneys due to him. Tandon advanced Rs. 14,950 by the cheque to the United Provinces Aniline Dyes Company, a firm represented by the appellant, Das. The cheque was cashed by the Central Bank on August 30, 1923. Tandon instituted the present suit for the recovery of the loan on August 27, 1926.

Law. Rep. 65 Ind. App. 132 ( 1937- 1938) Babu Manmohan Das V. Baldeo Narain Tandon

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The Subordinate Judge found there was a seal impressed on the face of the cheque bearing date August 20, 1923, which indicated encashment on that date, and that the suit was, therefore, barred by limitation under art.58 of the Limitation Act.

In the High Court the question of limitation was not argued, and the High