DUNGARMULL KISSENLAL Vs. SAMBHU CHARAN PANDEY

JUDGEMENT

(1.) This is an appeal from a judgment & decree of Bose J. sitting on the Original Side, dated 6-4-1950, by which he dismissed a suit for the recovery of money said to be due under a promissory note.

(2.) The plaintiff brought the suit giving rise to this appeal for the recovery of Rs. 2057-8-0 being principal & interest due under a promissory note made by defedant 2 in favour of defedant 1 & endorsed by the latter in favour of the plaintiff The suit was filed under Order 37, Civil P. C., on 8-7-1946. defedant 1 took no steps to defend the suit but defedant 2 applied for & obtained leave to defend the suit & the only matter before Bose J. was as to whether defedant 2 as the maker of the note was liable to the plaintiff to whom the note had been endorsed by defedant 1, the promisee.

(3.) In the plaint the plaintiff was described as a firm registered under the Partnership Act & as such was entitled to bring the suit in the name of the firm. In the plaint it is pleaded that defedant 2 executed the promissory note in favour of defedant 1 the note being said to be for Rs. 2,000 payable on demand & bearing interest at the rate of six per cent per annum. According to the plaint the note which was executed on 7-1-1946, was endorsed by the promisee defedant 1 in favour of the plaintiff for valuable consideration on 2-4-1946. On 28-5-1946 it is said that the plaintiff demanded payment from defedant 2 but the latter refused to pay & notice of dishonour was duly given. The amount due was said to be Rupees 2057-8-0, being Rs. 2,000 principal & Rs. 57-8-0 interest. The claim was therefore made against both the defts. for this sum.