N.A.BRITTO, B.H.MARLAPALLE
Sugandh Sagun Sirsat – Appellant
Versus
Central Bank of India – Respondent
N. A. BRITTO, J.
( 1 ) THIS appeal is directed against the Judgment and Decree dated 30-08-2002 of the learned Civil Judge, senior Division, at Panaji. Some facts are required to be stated to dispose of the same.
( 2 ) THE plaintiff is the daughter of one Sagun and granddaughter of Sitaram vishnu Sirsat. The said Sitaram Vishnu sirsat, as stated in the plaint, had business of import and export and therefore on or about 20-08-1923 he obtained a Bill of Exchange bearing No. 12/1260 from the defendant.
( 3 ) THE said Bill of Exchange was drawn on Deutsche Bank, Berlin for payment of a sum of DM 8,775. 000 and was in two sets. The said Bill of Exchange was not used by the said Sitaram V. Sirsat as the transaction for import of goods did not materialize.
( 4 ) THE said Sitaram thereafter expired on or about 04-02-1944. After his death, his son Sagun is said to have made efforts to trace the said Bill of Exchange, but could not find the same until his death on 02- 08-1989. The plaintiff in the course of search of old files, found the said Bill of Exchange in or about April, 1990, but thereafter found that the said Deutsche Bank had ceased to exist in the year 1923 at the end of t
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