Order of Reference to Full Bench

SUBBA RAO, C.J. :- This appeal raises two questions and both are covered by the decisions of two Division Benches, one of the Andhra High Court and the other of the Madras High Court.

2. The relevant facts may be briefly stated. Defendants 1 and 2 executed a promissory note dated 7-12-1946 for a sum of Rs. 6400/- in favour of late Sait Anjarmal repayable with interest at Rs. 1-14-0 per cent. per mensem. Plaintiffs 1 to 3 are the sons of Anjarimal and the 4th plaintiff is his widow. The 3rd defendant is the undivided son of the 1st defendant and the 4th defendant is the widow of the brother of late Anjarimal. The defendants borrowed various sums from Anjarimal between 16-1-1946 and 11-11-1946 together making up a sum of Rs. 6100/-. Adding to that amount the interest that accrued due till 7-12-1946, the suit promissory note was executed for Rs. 6400/-. Subsequently on 14-2-47, the 1st defendant paid to the plaintiffs two amounts of Rs. 2800/- and Rs. 300/- and they were duly endorsed on the promissory note, Rs. 2800/- being appropriated towards principal and Rs. 300/- towards interest. The endorsement was signed by the 1st defendant. One of the