1953 Supreme(Raj) 150
SHARMA
Madho Narain – Appellant
Versus
Narhari – Respondent
Advocates Appeared:
Sagarlal, for Applicant; J.P. Jain, for Respondent
SHARMA, J.—This is an application by the plaintiff to revise the decree of the learned District Judge, Alwar in appeal by which the decree of the court of first instance was set aside. The plaintiff applicant filed a suit in the court of the Munsif, Alwar for the recovery of a sum of Rs. 202/- against Bhuralal defendant, since dead, and Narhari opposite party on the ground that a sum of Rs. 300/- was deposited on behalf of Deepa with Bhuralal for the expenses of a revenue appeal out of which Rs. 100/- had been taken back by Deepa and a sum of Rs. 200/- remained deposited with Bhuralal. Afterwards Deepa wanted this sum back and the plaintiff, therefore, approached the defendant with a request to return the said sum. The amount was not returned and the opposite party Narhari promising to pay it back executed a bond in favour of the plaintiff. Sometime after, however, this bond was taken back by the opposite party and his post office saving account pass-book was deposited with the plaintiff and a withdrawal form was also handed over to him. The money, however, could not be withdrawn from the post office as the time on that day was over and the opposite party took away the withdrawal f
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