SUBBA RAO, C.J. :- This is an appeal against the order of our learned brother Satyanarayana Raju, J. dismissing the application filed by the appellant on the ground that it was not maintainable.

2. Respondent 1 filed O. B. No. 13 of 1953 on. the file of the Subordinate Judges Court, Guntur, to recover the amount due to him under promissory note alleged to have been executed by the appellant and another. It was contended before the learned Judge that the promissory note was executed in connection with an illegal partnership and, therefore, it was not enforceable. It was also argued that it was not supported by consideration. The learned Subordinate Judge negatived both these contentions and defendant 2 preferred an appeal to this Court.

In the memorandum of appellate grounds filed by him, he contested the correction of the aforesaid findings given by the Subordinate Judge and paid court fee in regard to the entire suit claim. To that appeal, the plaintiff and defendant 1 were made respondents. Pending that appeal, the appellant, who is respondent 2 in the appeal, filed an, application under O. 41 R. 5, C.P.C. asking for stay of execution of the decree pending the disposal of