The point for determination in this revision petition is whether an endorsee of a simple on demand promissory note will be entitled to a decree against an endorser without proof of presentment for payment to the maker and without notice of dishonour to the endorser.

The suit was on a promissory note for Rs. 240 executed on the 12th March, 1944, by the first defendant in favour of the second defendant. On the 14th April, 1944, the second defendant endorsed in favour of the plaintiff for consideration. The suit was filed on the 13th February, 1947. The allegation in the plaint is that the defendants failed to pay the amount on several oral demands and the registered notice sent to the defendants by the plaintiff on the 10th February, 1946, proved of no avail and hence the plaintiff was constrained to file this suit. The first defendant was ex parte. The second defendant pleaded that the moneys paid under the promissory note belonged to the plaintiff and that he was a name-lender to the promissory note and that at the request of the plaintiff it was endorsed over to him. A decree was passed against both defendants.

The counsel for the petitioner argues that there was no presentm