Wanchoo, C.J.—This is an appeal by Pukhraj Surana defendant against the judgment and decree of the District Judge, Jodhpur, decreeing the suit brought by the plaintiffs respondents against the defendant appellant.

2. The case of the plaintiffs was that they were carrying on business under the name and style of Chandulal Kushalchand at Bombay. The plaintiffs used to work as commission agent for the defendant who was the manager of his joint family, and was carrying on the business of the joint family. As a result of these dealings between the plaintiffs and the defendant, a certain sum of money was due to the plaintiffs. The defendant, in order to pay off in part the amount due from him to the plaintiffs, executed two Muddati Hundis on Mangsar Sudi 8th St. 2 03 for a total sum of Rs. 35,000/-. One of these Hundis was for Rs. 20,000/- payable 61 days after date, while the other was for Rs. 15,000/- payable 121 days after date. The plaintiffs endorsed the Hundis in favour of Raghunathmal Bank and asked the Bank to credit the money to their account as and when the Hundis were honoured. The Bank presented the Hundis on the respective dates of their maturity to the defendant, but they wer

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