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ALLAHABAD HIGH COURT
learned Civil Judge, J
Mathura Prasad v. Mohd. Umar Khan
| Table of Content |
|---|
| 1. basics of the claim and pronote background. (Para 1 , 2 , 4) |
| 2. arguments presented by the appellant regarding the holder in due course. (Para 5 , 6 , 7) |
| 3. court examines the impact of subsequent law on the appeal. (Para 8 , 9 , 10 , 15 , 16) |
| 4. principles governing appellate relief based on new legal context. (Para 13 , 14) |
| 5. final decision allowing the appeal and decreeing the suit. (Para 18) |
1. This appeal by the plaintiff is directed against the judgment and decree of the learned Civil Judge, Aligarh, dismissing his claim against defendant No. 1, while decreeing it against defendant No. 2.
2. The suit giving rise to this appeal was filed by Sri Mathura Prasad on the 31st of March 1951 against defendants Nos. 1 and 2 for the recovery of Rs. 18,100/- from them on the basis of a pronote executed by defendant No. 1 in favour of defendant No. 2. According to the plaintiff, defendant No. 2 endorsed that pronote in his favour for consideration and the plaintiff being thus the holder in due course of that pronote was entitled to recover the amount due on it from both the defendants.
3. The suit was contested by defendant No. 1, while it proceeded ex parts against defenda
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