Judgement

RAMASWAMI, J. : This appeal is brought by special leave on behalf of the judgment debtor against the judgment of the Orissa High Court dated January 31, 1961 in Letters Patent Appeal No 3 of 1959.

2. The deceased plaintiff filed Original Suit No. 500 of 1941 against the appellantdefendant in the Court of the Additional Munsif, Aska claiming Rs. 970 on the basis of a promissory note. The suit was dismissed on August 17, 1942. The plaintiff preferred an appeal No 178 of 1942 before the District Judge who allowed the appeal and set aside the decree of the Munsif and decreed the suit ex parte on March 9, 1943. Against this decree of the appellate Court, the appellant filed Second Appeal No. 100 of 1943 in the Orissa High Court which set aside the decree of the District Judge on November 11, 1946 and remanded the suit to the lower appellate Court for disposal. The lower appellate Court in its turn remanded the suit to the trail Court by its judgment dated April 11 , 1947. In the meantime the original plaintiff died and the present respondents were brought on record as his legal representatives. The suit was again dismissed by the trial Court on November 29, 1947 but on appeal th