JAGANNADHA REDDIYAR Vs. LAKSHMANA REDDIYAR

JUDGEMENT

(1.) This revision petition arises out of a suit on a negotiable promissory-note (dated 24 December, 1915) payable on demand by the endorsee of the note against the maker (1 defendant) and the endorser (2nd defendant). The Subordinate Judge gave a decree against both the defendants.

(2.) The 2nd defendant tiled this petition. In his written statement, he raised the question of limitation. The second point for determination stated by the Subordinate Judge is whether the 2nd defendant is liable. I presume that it was intended to include the question of limitation also, though the Subordinate Judge has not discussed it.

(3.) The liability of the 2nd defendant arises out of the indorsement and not on the note. The cause of action against him cannot arise earlier than the indorsement (dated 19 March, 1918). A payment of one rupee by the 1 defendant was endorsed on it and signed by the 1 defendant on 20 December, 1918. This saves limitation as against persons liable on the note and has nothing to do with persons liable on the indorsement. The suit is filed on 20 December, 1921. If the cause of action arises before 20 December, 1918, the suitis barred by limitation.