BHANDARI, J.—This Civil Second Appeal by Hira Lal plaintiff arises out of the suit filed by him against Ratanlal, Jethmal and Himmatram defendants No.l, 2 & 3 respectively. The suit is for the recovery of Rs. 6,215/- and is based on a cheque(Ex. P/l) executed by Shri J. M. Rathor (Jeth Mal Rathor) Defendant No. 2 directing the Bank of Jaipur Ltd. to pay Rs. 6,000/- to the plaintiff out of the joint account of Defendants No. 1 & 2. It is the admitted case of the parties that this cheque was a post-dated cheque bearing the date 6th April, 1949, but was executed on 6th March, 1949. The case of the plaintiff is that Defendants Nos. 1 & 2 carried on business under the name and style of the Motor Exchange Company., Jodhpur in which Himmat Ram Defendant No. 3 was the sub-partner of Ratanlal. The plaintiff had dealings with Himmat Ram Defendant who had from time to time borrowed Rs. 8,000/- for purchasing a house. Himmat Ram Defendant when pressed by the plaintiff to pay the said amount represented that he had invested the aforesaid amount in the aforesaid Firm and on 28th December, 1947, he executed a fruqqa in favour of the plaintiff for Rs. 8,000/-. When the plaintiff demanded this amou

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