The plaintiff is the appellant. His suit on a promissory note against the two defendants was decreed by the trial Court and in appeal the learned District Judge granted a decree against the first defendant only and dismissed the suit as against the second defendant.

The suit promissory note was for Rs.3,500 executed by the first defendant in favour of the second defendant on 2nd July, 1944, Exhibit A-1. On nth July, 1945, the second defendant indorsed the promissory note in favour of the plaintiff. The suit was instituted against both the defendants. The defence on behalf of the second defendant among others was that there was no presentment and no notice of dishonour as required under the Negotiable Instruments Act and the second defendant cannot therefore be made liable. This contention was accepted by the learned District Judge who restricted the decree as against the first defendant alone.

In so far as the plea as to want of presentment and notice of dishonour was concerned, the view taken by the lower Court is not seriously challenged. But it is contended that no presentment is necessary in this case as by virtue of the endorser ment, there is contract by the second de