1. In this appeal by the defendant from a decree obtained against him by the plaintiff bank, the State Bank of Travancore, in a suit for money, on the basis of an overdraft agreement the appellant had entered into with the predecessor-in-interest of the plaintiff bank, a very important question of law has been raised. This question of law, as is often the ;case, depends on questions of fact and regarding these questions of fact there is no specific pleading and the evidence is unsatisfactory. But we have to decide the question particularly in view of the direction in the order of remand passed by this Court in A. S. No, 164 of 1964.

2. The question of law is whether the want of a notice of dishonour to an endorser would exonerate him from liability not only on an action on the negotiable instrument, but even on an action on the original consideration. This question must necessarily depend on the further factual questions as to whether a notice of dishonour was in fact given and if such a notice bad not been given, circumstances existed which excused the issue of such a notice.

3. The pleadings are cursory in this regard. The defendant contended himself by stating in Para.