P. B. MUKHARJI, J.

( 1 ) THIS is an application by the defendant bank for an injunction restraining the plaintiff from proceeding with the suit here in this Court and for stay of all further proceedings of this suit. The application was made on a Notice of Motion dated 16-8-1954. This suit was instituted on 1-4-1954 by the plaintiff against the defendant bank for the recovery of Rs. 15,625/ being the value of an alleged undischarged and outstanding demand draft.

( 2 ) THE demand draft was issued by the defendant bank's branch office at Penang for 10,000/- drawn on that Bank's Singapore branch. The draft, it is alleged, was drawn in the name of Mr. Hansraj Bajaj and payable to him at the Singapore office of the defendant. That is the plaintiff's own allegation in the plaint. According to the plaintiff, he purchased this demand draft from his brother Bikramjit Bajaj on 5-4-1951. On 7-4-1951 the plaintiff and his said brother while proceeding from Penang to Singapore met with a serious motor accident as a result of which his said brother Bjkramji Bajaj died. It is the plaintiff's case that the draft along with other papers was taken possession of by the police from the plaintiff whi

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