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1967 Supreme(Online)(All) 3

ALLAHABAD HIGH COURT
string, J
S. Dharam Singh – Appellant
Versus
Khan Chand – Respondent


Table of Content
1. revision request details and loan transaction. (Para 1 , 2)
2. initial court's findings and rationale. (Para 3 , 4)
3. legal implications of payments via cheques. (Para 5 , 6)
4. contrasting judicial views regarding cheque payments. (Para 7 , 8 , 9 , 10 , 11)
5. final court decision and remand for hearing. (Para 12 , 13 , 14)

1. This is a revision under S.115, C.P.C. by S. Dharam Singh, defendant, against the order dated 11-9-1962 of the District Judge of Saharanpur, allowing the revision under S.25 of the Provincial Small Cause Courts Act and thereby setting aside the judgment and decree of the Judge, Small Cause Court, and decreeing the suit of Khan Chand, plaintiff, in full.

2. The material facts of the case are that on 4-11-1957 the defendant - applicant borrowed a sum of Rs. 400/- from the plaintiff - opposite party, and on 30-9-1958 he (defendant) issued a cheque for the above amount in payment of the loan. The cheque was dishonoured under the note dated 28-11-1958 of the United Commercial Bank Ltd., Delhi. The plaintiff instituted the present suit on 27-9-1961 basing his claim on the loan though pleading that he was entitled to the benefit of S.20 of the Limi















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