HARI KAMAYYA Vs. AYYAGARI SOMAYYA

JUDGEMENT

(1.) The suit was dismissed in the first Court as against the 1 defendant. There was no appeal or memorandum of objections put in against this by the plaintiff and the District Judge was wrong in passing a decree against the 1 defendant on the 2nd defendant's appeal ; Kulaihada Villay V/s. Visioanatha Pillay 28 M. 229 : 15 M.L.J. 212

(2.) As regards the 2nd defendant, he has rightly been made liable as the plaintiff's indorser.

(3.) We must set aside the decree of the lower appellate Court and restore that of the District Munsif with costs here and in the lower appellate Court payable by the plaintiff.