( 1 ) THESE are two appeals by the defendant in a suit filed under Order 37 of the Code of Civil Procedure.

( 2 ) SALIL Kumar Paul, the first respondent in the appeals instituted a suit under the provisions of Order 37 of the Code of Civil Procedure against Hiralal Deb Gupta who happens to be the appellant before us and one Ajit Kumar Ganguli. The document on which the plaintiff Salil Kumar Paul instituted the suit under the provisions of Order 37 of the Code of Civil Procedure reads as follows: "rs. 50,000/- dated 24-7-68 Rs. 10/-90 (Ninety) days after date without grace please pay to Sri Salil Kumar Paul of 26, Beadon Row, Calcutta 6 or order at Calcutta or 24 Parganas or Howrah or Hooghly the sum of Rs. 50,000/- (Rupees fifty thousand) only, with interest @ 8% per annum in case of default of payment on the due date at 22-10-1968 for value received in cash presentation for payment and notice of dishonour waived.

100 X 500 =

Rs. 50,000/-

Received Rupees fifty thousand In cash.

Sd /- Hiralal Deb Gupta,

United Bank of India Ltd.

4, Clive Ghat Street ;

Calcutta --1.

D/- 24-7-1968,

Accepted by:

Ajit Kumar Ganguly

ADV/dp/cal. Br.

U. B. I. 4, Clive Ghat Stree