DAVE, J.

( 1 ) THIS is plaintiffs first appeal against the judgment "and decree of the Additional civil Judge, Udaipur, dated 28th September, 1953 whereby their money suit based on a hundi has been dismissed with costs.

( 2 ) THE appellants case was that the respondents Chunilal, Leharilal and Mohanlal are brothers; but in the partnership of respondent No. 4 Mangilal, they had a joint business and their firm went by the name of Leharilal Maugilal. On behalf of this firm, respondent Leharilal handed over to the plaintiffs a darshani hundi dated magh Sud 13 Samwat 2005 for Rs. 5,000/- in consideration of the money which the respondents said firm was liable to pay to the plaintiffs. Thus the drawer of this hundi was Leharilal on behalf of the defendants firm, the drawee was the defendants firm and the payee was the plaintiffs firm. The plaintiffs sold this hundi to the Bank of Jaipur Ltd. at Kishangarh. The bank, however, returned it to the plaintiffs on 19th of February 1949 as it was not honoured by the respondents firm. The plaintiffs, therefore, claimed Rs. 5,000/for the hundi and Rs. 76/10/9 for interest and incidental expenses. In all, they brought a claim for Rs. 5,07