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2006 Supreme(Del) 766

S.L.BHAYANA, SWATANTER KUMAR
Rajiv Kumar – Appellant
Versus
Kewal Cargo Carriers (P) Ltd. – Respondent


Advocates Appeared:
N. K. Kantawala, for Appellant; Vasudev Goswami, for Respondent.

Judgement

SWATANTER KUMAR, J. :- The learned Additional District Judge, Delhi vide his common judgment dated 21-1-2004 dismissed all the six appeals. It is not necessary for us to refer to the facts of each of these cases as common questions of fact and law arise for consideration based on similar facts except the amounts claimed in the respective suits. It would suffice to refer to the facts of Suit No. 819/2001 out of which RFA No. 291/2004 has arisen. The plaintiff, a deaf and dumb person, filed a suit through his next friend for recovery of Rs. 4,83,852/- under the provisions of Order 37 of the Code of Civil Procedure. According to the appellant, he was inter alia engaged in the business of discounting of cheques in respect of freight or hire of lorries/trucks of the parties concerned on discounting charge basis. The defendant was engaged in the business of transportation of goods inter alia Ex-Bombay to Delhi, Bombay to Amritsar and other stations. As per the understanding between the parties, the discounting of cheques were being carried in the manner that cheques were issued by the respondent towards his liability of freight/hire of the goods so transported by them in favour























































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