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1976 Supreme(P&H) 27

A.D.KOSHAL
Ujjagar Singh – Appellant
Versus
Committee Of The Management Of The Gurdwara Shahidan Ladewal, Mahalpur – Respondent


Judgment

1. The suit out of which this petition u/s. 115 of the Code of Civil Procedure arises was instituted on these allegations. On the 30.06.1964, the plaintiff deposited with the Committee of Management of Gurdwara Shahidan Ladewal Mahalpur (hereinafter referred to as the defendant-Committee) a sum of Rs. 500.00 against receipt Exhibit P-1. The same was repayable to the plaintiff on demand and a demand in that behalf was made in the last week of April, 1967, whereupon the defendant-Committee passed a resolution in the month of May, 1967, to the effect that the amount be repaid to the plaintiff. However, the demand was not met till the institution of the suit.The suit was resisted by the defendant-Committee on the pleas that it never received the amount in dispute, that receipt Exhibit P-1 was a false document prepared by the plaintiff in conspiracy with the then President of the defendant-Committee, that in any case the advance did not amount to a deposit and that the suit was time-barred.Both the Courts below held that although the amount was advanced by the plaintiff to Shri Pritam Singh, the then President of the defendant-Committee, Shri Pritam Singh was not authorised to a


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