9911796707
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Issues:
Recovery of loan amount, liability of defendants, applicability of Section 20 of Negotiable Instruments Act, law of estoppel, decree against individual defendants. Analysis: The judgment involves a second appeal arising from a suit for the recovery of a loan amount. The plaintiff, A.R. Dawar, filed a suit against three defendants, seeking to recover Rs. 1,248-2-0. The trial Judge passed a decree against two defendants, Sohan Lal and Kidar Nath, for Rs. 500 each, while dismissing the suit against the third defendant, Pyare Lal Anand. Kidar Nath appealed the decision, which led to this second appeal. The key issue was the liability of the defendants in relation to the loan transactions. Sohan Lal had borrowed money from the plaintiff and entered into a settlement agreement, part of which involved a cheque from Kidar Nath. The trial Judge found Sohan Lal liable as the principal borrower and Kidar Nath liable under Section 20 of the Negotiable Instruments Act. However, the Additional District Judge overturned this decision, holding that Section 20 did not apply as the cheque was not stamped. The judgment clarifies that Section 20 did not cover this scenario, and the plaintiff's argument based on the law of estoppel was not considered as it was not raised in the lower courts. The judgment further delves into the liability of the individual defendants. It upholds the dismissal of the suit against Kidar Nath based on the inapplicability of Section 20. However, it finds that Sohan Lal should be held liable for the full amount due on the original transaction. Despite the plaintiff not appealing for the additional amount against Sohan Lal earlier, the Court invokes Order 41, Rule 33, Civil P.C., to pass a decree against Sohan Lal for Rs. 1,248.2-0. The judgment emphasizes that the failed consideration of the settlement agreement maintained Sohan Lal's liability for the full amount due. The decree includes future interest and proportionate costs against Sohan Lal, who did not appear in the proceedings. In conclusion, the judgment modifies the lower courts' decisions, granting the plaintiff a decree against Sohan Lal for the full loan amount while maintaining the dismissal of the suit against Kidar Nath and Pyare Lal. The defendants are ordered to bear their own costs, and the plaintiff is directed to pay additional court fees before executing the decree against Sohan Lal.
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