( 1 ) THIS is an appeal from a judgment and 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 and interest due under a promissory note made by defedant 2 in favour of defedant 1 and 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 and obtained leave to defend the suit and 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 and 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 and bearing interest at the rate of six per cent per annum