9911796707
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Issues Involved:
1. Limitation 2. Fraud 3. Remand Order 4. Proof of Debit Items 5. Deduction of Specific Debit Items Issue-wise Detailed Analysis: 1. Limitation: The defendant argued that the suit was barred by limitation, asserting that each debit item constituted a distinct loan, triggering separate causes of action. The plaintiff contended that the suit was to enforce a continuing guarantee bond, and hence, limitation would only run from the date of breach. The court agreed with the plaintiff, stating, "The guarantee is seen to be a continuing guarantee...so long as the account is a live account...limitation would only run from the date of breach, under Article 115 of the schedule to the Limitation Act, 1908." The overdraft account was considered a live account until at least 29th September 1952, and since the suit was filed on 8th November 1954, it was within time. 2. Fraud: The defendant claimed that the letter dated 2nd February 1952, acknowledging the debt, was obtained by fraud. Both the Trial Court and the High Court found no evidence of fraud. The judgment states, "We accept the finding of the Trial Court and the High Court that the letter was not obtained by any fraud practiced upon the defendant." 3. Remand Order: The defendant argued that the initial remand by the Bombay High Court was unjustified. The court noted, "The High Court...felt that the plaintiff bank...was, perhaps misled into doing so because of the order passed by the Trial Judge on the application Exhibit 85." The remand allowed both parties to adduce necessary evidence regarding the items of debit. The court held that substantial justice had been done, stating, "In the special circumstances of this case we do not think that we will be justified in interfering with the decrees of the Lower Courts merely because the earlier order of remand passed by the High Court may not be capable of being justified." 4. Proof of Debit Items: After remand, the Trial Judge and the High Court examined the evidence relating to each debit item. The High Court relied on three letters signed by the defendant, confirming the correctness of the bank's statements. The judgment states, "The High Court placed great reliance on the three letters dated 30th June, 1945, 27th November, 1945 and 6th December, 1945...We see no reason to take a view different from that taken by the High Court." 5. Deduction of Specific Debit Items: The defendant argued that certain debit items, including a sum of Rs. 50,000/- and amounts transferred to C.B. Samuel's personal account, should be excluded. The court found that these items were made before 1st December 1945 and had been verified. The judgment states, "We do not think we will be justified in excluding them." However, the court did agree to deduct the total of unproved debit items with interest, amounting to Rs. 80,894-8-4, from the sum of Rs. 1,50,000/- for which the suit was filed. The plaintiff was thus entitled to a decree for Rs. 69,105-7-8 with interest. Conclusion: The appeal was allowed in part, with the court decreeing that the plaintiff was entitled to Rs. 69,105-7-8 with interest at 4% from the date of the suit till realization. The parties were to bear their own costs throughout.
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