Judgement

Appeal from a judgment and decree of the High Court in its appellate jurisdiction (February 5, 1912) reversing a judgment and decree of Beaman J. (July 24, 1911).

The suit was instituted in the High Court by the respondent, a banker, claiming to recover from the appellants Rs.1,23,769 as the balance due upon accounts between them. The appellants by their written statement contended that an item of Rs. 2 lakhs debited against them in the accounts was a fraudulent debit and did not represent a real transaction. They alleged that upon the accounts being properly taken there was a balance due to them, for which they counterclaimed.

The appellants case was that the Rs. 2 lakhs had been debited against them by means of fraudulent entries in the accounts of the appellants and the respondent, the transaction being carried out by one Dani, the respondents manager, and one Dwarkadas, the managing director of the appellant company. The circumstances under which the entries were made appear from the judgment of their Lordships.

The questions in the suit were wholly questions of fact and depended substantially upon the credibility of Dani as a witness on behalf of the respondent, and