BOMMAREDDI MOTHIREDDI Vs. BHIMAVARAPU POTHIREDDI

JUDGEMENT

(1.) The problem that poses itself before me in this civil revision petition is an interesting one and impinges on the effect of the death of the endorser of a promissory note on a suit instituted by the endorsee for collection on the basis of the promissory note.

(2.) The defendant in S. C. No. 373 of 1958 on the file of the Additional Munsif-Magistrate Tenali, is the petitioner before me. He executed, a promissory note on 26-7-1956 in favour of one Konda Chellamma for Rs. 250.00 payable with interest at nine per cent per annum. Chellamma endorsed this promissory note in favour of the respondent for collection. After the institution of the suit by the respondent, the endorser, Chellamma, passed away. Thereupon, the petitioner pleaded that the suit has abated by reason of the death of the endorser which has resulted in the termination of the authority of the plaintiff to continue the suit. We are here unconcerned with other defences as nothing turns upon them and as the arguments addressed by the learned counsel for the petitioner bear only on the effect of the death of the endorser of the promissory note.

(3.) This objection of the defendant did not find favour with the trial Court with the result the suit was decreed as prayed for.