SHRI NARAIN Vs. GHUNNILAL

JUDGEMENT

(1.) THIS is a plaintiffs' first appeal a gainst the judgment and decree of the Additional Civil Judge, Udaipur, dated the 28th September, 1953, whereby their money suit based on a hundi has been dismissed with costs

(2.) THE appellants' case was that the respondents Chunnilal, Leharilal and Mohanlal are brothers ; but in the partnership of respondent No. 4, Mangilal, they had a joint business and their firm went by the name of Leharilal Mangilal. On behalf of this firm, respondent Leharilal handed over to the plaintiffs a darshani hundi dated Magh Sudi 13, Svt, 2005 for Rs. 5,000/- in consideration of the money which the respondents' said firm was liable to pay to the plaintiffs. Thus the draper of this hundi was Leharilal on behalf of the defendants' firm, the drawee was the defendants' firm and the payee was the plaintiffs' firm. THE plaintiffs sold this hundi to the Bank of Jaipur Ltd. at Krishangarh. THE bank, however, returned it to the plaintiffs on 19th of Feb. , 1949, as it was not honoured by the respondents' firm. THE plaintiffs therefore, claimed Rs. 5,000/- for the hundi and Rs. 76/10/9 for interest and incidental expenses. In all, they brought a claim for Rs. 5,076/10/9.