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1944 Supreme(All) 20

DAR, SINGHA
Radha Kishan – Appellant
Versus
Reserve Bank of India – Respondent


Advocates appeared:
Man Singh, For the Appellant / N.P. Asthana and S.N. Misra, For the Respondent

JUDGMENT

Dar and Sinha, JJ. - This is an appeal against the judgment and decree, dated October 13, 1941, of the Additional Civil Judge of Jaunpur by which he affirmed a judgment and decree, dated September 3, 1940, of the Additional Munsif of Jaunpur in a suit for recovery of money. The Plaintiffs are the proprietors of the Firm Radha Krishna Gopal Lal which carries on business in the city of Jaunpur. On December 24, 1938, they sent five currency notes of the value of Rs. 100 each to the Currency Officer of the Reserve Bank of India for being cashed and their amount to be remitted to them. These five notes had been cut into two halves and joined together by pasting a paper at the back. The notes had been cut vertically and the dividing line of one note passes through the last digit of one of the numbers of the note, with the result that a larger portion of the last digit goes over to one half of the note and only a small portion of the last digit remains in the other half. The two halves are of unequal size; the larger half contains at the top the number of the note intact and at the bottom it contains the larger portion of the last digit of the number of the note. The lesser half c

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