K A PADMANABHAIAH Vs. K SUBBAIAH SETTY

JUDGEMENT

(1.) This revision petition by the defendant under Section 115 CPC is directed against the decree and order in O.S. No. 365/1974 on the file of the Munsif Magistrate, Dhone, Dt. 7-12-1976.

(2.) The defendant-petitioner on 12-8-1974 executed a pronote for Rs. 10,000/ in favour of one Kottoor Krishna Murthy Setty with interest at 12% per annum at Kurnool. The parties to the promissory note reside at Kurnool and they belong to Kurnool. On 15-11-1974, the said Krishna Murthy endorsed the promissory note for collection in favour of the plaintiff at Dhone. On the basis of that endorsement, the present suit was instituted before the Court of the learned District Munsif, Dhone. An objection was taken to the maintainability of the suit itself on the ground that the place of endorsement of the promissory note for mere collection does not clothe the court in whose jurisdiction the endorsement of the promissory note took place, with the jurisdiction to entertain the suit. The Court below rejected that objection and held that it has got jurisdiction. It is this decision that is sought to be revised in this revision petition.

(3.) Sri K. Somakonda Reddy, the learned Counsel appearing for the petitioner, contends that an endorsement merely for collection is distinct from general endorsement whereby the property in the promissory note may be transferred. Section 50 of the Negotiable Instruments Act, 1881 which deals with the effect cf endorsement reads thus:-