SATYANARAYANA RAJU, C. J.

( 1 ) THIS appeal, under Cl. 15 of the Letters Patent, arises out of a suit filed by the appellant for recovery of a sum of Rs. 5,666-6-6 on the foot of a promissory note, dated the 30/09/1953, executed by the defendant in his favour. The amount sued for represents the original principal of Rs. 4,800 and in interest which accrued thereon. In a short written statement filed by the defendant, he contended that. "the suit pronote was cancelled by the terms of agreement entered into between the plaintiff and the defendant on 20-12-54 and the cause of action has merged in the agreement. "the defendant further pleaded that the plaintiff had no right to sue upon this pronote and if at all, his right was to sue for specific performance of the above contract which was acted upon. There is a further plea that nothing was due upon the suit promissory note. The Subordinate Judge framed two issues which are as follows: 1. Whether the novation pleaded by the defendant is true and valid? 2. To what relief? On a consideration of the evidence adduced by the parties, the trial Court held that Ex. B-1, did not extinguish the prior contract, namely, the promissory note Ex. A-

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