DEVASIA JOSEPH Vs. LUKKA MATHEW

JUDGEMENT

(1.) The plaintiff in O.S.No. 153 of 1952 of the Court of the District Munsiff, Ettumannor, is the appellant in this second appeal. The facts of the case as summarised by the learned District Judge in the plaintiffs unsuccessful appeal to the District Court of Kottayam - A.S.No. 37 of 1955 - read as follows:

(2.) Both the Trial Court and the learned District Judge in appeal held that the notices of dishonour alleged to have been given by the plaintiff were not proved, and in view of the concurrent finding on the subject, the only contention of the learned counsel for the appellant before us is that even in the absence of any notice of dishonour his client is entitled to succeed under S.98(c) of the Negotiable Instruments, Act, 1881.

(3.) The learned District Munsiff discussed the evidence adduced and said: