Sh. Vijay Singh & Ors vs Smt. Manali Malik & Ors on 5 May, 2009
OPD
ISSUE No.3
Whether the plaintiff is entitled to recovery of the principal amount of
Rs.40,000/ ? OPP
I shall be dealing with these issues under a common discussion
in as much as issues are interconnected because decision of Court on
one issue will have direct bearing on the decision of Court on another
issue. Undisputedly defendants received Rs.40,000/ from plaintiff
and cheque Ex. PW1/2 has been issued by defendant no.1 as
Anand Swaroop Aggarwal
Date: 04/06/2012 SCJCumRC:East, Delhi
Suit No.355/08 Page 9/20
proprietor of M/s. J. N. Traders. The case law Vijay Singh & Ors. Vs.
Manali Malik & Ors. (supra) has no application in this in as much as
in said case law it has been held as under :