FIRM JHANDU LAL-MITHU LAL Vs. MTWILAYATI BEGUM

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit which was brought on a hundi. The document in suit is printed at page 27 of our record and it appears that it was drawn on the 25 September, 1918, by a person named Muniruddin. Muniruddin drew on himself and also accepted the hundi on the date just mentioned. He afterwards delivered it to a person named Muhammnd Husain who negotiated it with the plaintiff firm and obtained cash therefor. The amount of the hundi was Rs. 8,500.

(2.) The suit out of which this appeal has arisen was brought by the plaintiff firm against the legal representative of Muhammad Hussain who is dead and against the drawer and acceptor Muniruddin.

(3.) In the Court below the suit has been decreed against Muniruddin but it has been dismissed as against the representatives of Muhammad Husain. The basis of the judgment is this, namely, that there was no proper presentment of the bill for payment so as to render Muhammad Husain liable as an endorser.