JUDGMENT

Aston, A J C - The following issue by consent has been tried as a preliminary issue viz.:

Is defendant 1 (a) liable on the hundi in suit (covers paras. 5, 6 and 10)?

2. A translation of the alleged hundi has been put in by consent; it reads as follows:

Seth Notandas Devi Dayal.

Sabzi Mandi, Delhi.

3. Written to Bhai Notandas Bhai Dipchandani (worthy of many respects may you remain happy always) by Bhai Notandas Devi Dayal from Delhi you will read his compliments. Further we have drawn on you one receipt for Rs. 1,000 in words rupees one thousand half of which is five hundred pay double of this in favour of Bhai Devi Dayal Bhai Chiman Lal of Chiman payable in the Port of Karachi to a respectable merchant dated 14th in words fourteenth January 1925.

4. Dustkhat Tirath Puj Pokerdasani. Mr. Kewalram for defendant 1 (a) has drawn attention to the fact that the signature does not purport to be that of the firm. The firm's name no doubt is disclosed in the instrument and Tirath Pokerdasani has added the word "Dustkhat" before his signature but he maintains that this is not enough to make the firm of Notandas Devi Dayal liable.

5. It is clear from the authorities that words which may be c