JUDGMENT:- This is a plaintiffs appeal against the judgment and decree dismissing his suit for recovery of Rs. 10,000/- with interest and costs.

2. The suit was based on a hundi (a Bill of Exchange) dated 24-11-1966 for a sum of Rs. 10,000/- allegedly drawn by respondent No. 1 for money lent as advance to his wife respondent No. 2 who was said to have accepted the Bill. The Bill was protested before the Notary Public. The amount was not re-paid.

3. Respondents denied the execution of the hundi and receipt of any sum thereunder. According to them it was a forged document and the claim was totally false. They pleaded facts to show that this transaction could never have been entered into nor could such a huge sum be advanced without any security.

4. The learned trial Judge disbelieved the oral evidence led by the appellant about the execution of the document by the respondents or payment of the alleged sum to them and dismissed the suit with costs.

5. The initial question for consideration is whether the respondents executed the Bill of Exchange filed by the plaintiff/appellant. Learned counsel for the appellant argued that under Section 118 of the Negotiable Instruments Act, the learned

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