Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 2, 3 & O. II, R. 2---Negotiable Instruments Act (XXVI of 1881), Ss. 118, 69, 72 & 73---Suit for recovery of money on the basis of cheque---Requirements---Procedure---Non-presentation of cheque to the Bank---Effect---Different suits for different cheques---Scope---Identical cause of action---Bar of O.II, R.2, C. P. C---Applicability---Pleadings---Scope---Plaintiff filed sixteen suits for recovery of money on the basis of sixteen cheques which were decreed by the Trial Court---Validity---Cheques in question were never presented to the bank for encashment--- Plaint, in the present case, was short in details and necessary and relevant facts were not pleaded therein---Factual matrix in which cheque(s) was/were issued and handed over to the plaintiff was never pleaded in the plaint---Testimony of plaintiff was beyond the contents of plaint---Fact that defendant had taken loan from the plaintiff and delivered sixteen cheques was never averred in the plaint---Evidence adduced beyond pleadings would not be admissible nor any evidence could be permitted to be adduced which was at variance with the pleadings---Evidence led by the plaintiff could not be considered and had to be rejected---Trial Court had ignored material discrepancies in the evidence of plaintiff---Nothing was on record that cheques were issued by the defendant---Presumption of consideration under S.118 of Negotiable Instruments Act, 1881 was not available to the plaintiff---Disputed cheques were never dishonoured---Plaintiff was bound to present the cheques to the Bank for cause of action to accrue to him against the drawer of said cheques---If cheque was not presented to the Bank for its payment then procedure provided for in O.XXXVII, C.P.C. would not be available to the plaintiff and the suit so filed would not be maintainable---Drawer of the cheque would be absolved from liability unless same was presented for payment---Nothing was on record that account of defendant did not have sufficient funds for honouring the amount of sixteen cheques---Plaintiff was bound to prefer all the claims before the court in one suit if cause of action…

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