The petitioner is the plaintiff. He questions the order dated 29-8-2001 passed by the learned Trial Judge on I.A. No. XI in O.S. No. 213 of 1996, a copy of which is produced at Annexure-B.

2. During the course of this order, the parties would be referred to as per their rankings in the Trial Court.

3. The matter arises in the following manner:

One Janthakal Rajappa, the husband of defendant 1 and father of defendants 2 to 4 and one H.B. Padmanabha had approached the plaintiff-petitioner for the purpose of constructing and starting a business of bakery. An agreement was executed by late Janthakal Rajappa and H.B. Padmanabha in favour of the plaintiff on 29-9-1993. Under the said agreement late Rajappa had agreed to let out the building proposed to be constructed on a monthly rent of Rs. 7,001/-. On the same day, late Rajappa had received an advance amount of Rs. 51,000/- by cash. It is the case of the plaintiff that late Sri Rajappa borrowed a sum of Rs. One lakh each on two separate occasions from him and he has signed and delivered two promissory notes to the plaintiff. In one promissory note the name of the promisor and promisee was left blank and the interest column also was l