M. Jagnnadha Rao, C. J. (Oral)

( 1 ) THIS appeal is preferred by M/s Sir Sobha Singh and Sons Limited on 12. 8. 1968 against the Judgment and decree passed by the trial Judge on 23. 5. 1968. The printed format appended to the appeal memorandum shows that the appeal is preferred against the Judgment dated 23. 5. 1968 of the trial Judge in a suit in which the appellant was the plaintiff and it also states that the suit was for declaration that a pro note dated 11. 10. 1951 executed by the plaintiff for Rs. 1 lakh in favour of defendant No. l was void and not enforceable. The defendants/respondents name is shown as M/s Behari Lal Beni Prasad and another. It is also stated that the suit was dismissed with costs.

( 2 ) FROM the impugned Judgment we find Suit number in winch the appellant was plaintiff was High Court Suit No. 665 of 1966 and that Sim was disposed of on 23. 5. 1968 by the learned trial Judge. The Judgment further discloses that another suit,namely, Suit No. 344 of 1954 was filed by the firm M/s Behari Lal Beni Prasad (initially in the District Court) against the appellant company on the basis of the same pro note dated 11. 10. 1951 for recovery of Rs. l lakh with interest

Click Here to Read the rest of this document