JUDGMENT :

1. V. Gopalaswami brought big money suit on the foot of a promissory note originally in the Munsiff's Court, Secunderabad on 5-12-1955, which was registered as O.S. No. 132/1 of 1955, against two defendants, the first of whom is the executant and the second the surety. Objection was taken that it being a suit of a small cause nature it should have been brought before the District Judge's Court. This plea eventually prevailed and the plaint was returned on 6-10-1956 and was presented on the same day before the District Judge's Court Secunderabad. On account of the integration of City Civil Courts this case thereafter was transferred to the City Small Causes Court Hyderabad and was disposed of as S.C. No. 24/2 of 1959.

2. The proceedings were exparte against the 2nd defendant. Only the executant, i.e. the 1st Defendant, contested the suit on the ground that the execution of the promissory note was a result of coercion and fraud. It was stated that the plaintiff had a lorry of the defendant in his possession and was saying that he had spent money on repairs of the lorry and was not prepared to return it unless a pronote was executed. He however promised to give accounts lat