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1991 Supreme(P&H) 173

ASHOK BHAN
Sukhwant Rai – Appellant
Versus
Kalu Ram Khiali Ram – Respondent


Judgment

1. Plaintiff-appellant filed the present suit on 10-11-1976 against the defendants-respondents for recovery of Rs. 27,200/- on the basis of two Hundis drawn by Lalita Parshad defendant No. 2 on behalf of defendant No. 1, firm. The relief claimed as given in para 9 of the plaint is as under :-

"It is, therefore, prayed that a decree for Rs. 27200.00 detailed as under :-

"A sum of Rs. 13600.00 on the basis of one Hundi dated 13-8-1973 (Principal amount of Rs,10,000 / - and interest at the rate of Rs. 12 % per annum Rs. 3600 /- from 13-11-1973 to 10-11-1976)"

A sum of Rs, 13600/- on the basis of one Hundi dated 22-8-1973 (Principal amount of Rs, 10,000 and interest at the rate of Rs. 12% Rs. 3600 / - from 22-11-1973 to 10-11-1976) be passed in favour of the plaintiff and against the defendant with costs."

2. The suit was resisted by the defendants-respondents written statement was filed and it was denied that Lalita Parshad defendant No. 2 had executed the Hundis and took any amount from the plaintiff on that basis. The averment made was that the defendant-respondent was a drunkard and was in the habit of signing blank papers and Hundis. The plaintiff might have obtained the s

















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