JAYANTA KUMAR BISWAS, J.

( 1 ) THIS is the defendant's application under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (in short "the CPC" ). His case is that the plaint is liable to be rejected, because it is apparent from the statements in it that the plaintiff's suit is barred by law; the law that bars the suit is multifariousness.

( 2 ) THE case made out in the plaint is this. The defendant is a share broker. Sri Mahendra Kumar Nahata is the husband of the first plaintiff and the father of the second plaintiff Sri Nahata and the defendant were known to each other. The plaintiffs and the defendant had entered into several different transactions before the transactions leading to the suit took place. In early 2000 the defendant approached Sri Nahata for arranging a loan of Rs. 5,00,000/- from the first plaintiff. Accordingly, a cheque dated April 7th, 2000 for Rs. 5,00,000/- was given to the defendant by way of loan, the terms and conditions where of were decided by oral agreement between Sri Nahata and the defendant. The cheque was deposited by the defendant in his personal account, and not in his clients' account, which is maintained by him according to the rules a

Click Here to Read the rest of this document