GOPAL RAO EKBOTE, J.

( 1 ) THIS is a revision petition directed against the judgment and decree of the subordinate Judge, Vijayawada, given on 13-2-1963. The material facts in order to appreciate the contention raised before me may briefly be stated

( 2 ) THE defendant borrowed a sum of Rs. 500 from one Pelluri Veera Raghavayya for agricultural purposes and executed a promissory note on 19-12-1959 at Guntur. The said payee transferred the suit promissory note to one Chittarvu Venkata Sharma for collection on 29-12-1959, As the said transferee could not succeed in collecting the debt, he re-transferred the promissory note in favour of the original payee: on 17-1-1961.

( 3 ) THE original payee again transferred the suit promissory note for collection in favour of one Ramaraju Seetharamaiah, who in turn transferred the same in favour of the plaintiff at Vijayawada on 29-10-1961.

( 4 ) THE plaintiff on the foot of this transfer instituted the present suit against the defendant in the subordinate Judges Court at Vijayawada on the Small Cause side for the recovery of the sum due on the promissory note.

( 5 ) THE defendant remained ex parte. The plaintiff produced some evidence. The learne

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