N.V. Anjaria, J.—The Suit of the original plaintiff/respondent herein was based on the Promissory Note. The Trial Court held that the plaintiff had “miserably failed” to prove the execution of the Promissory Note. The first appellate court took a view to conclude that the plaintiff had proved the Promissory Note “to the hilt”. The moot is issue is therefore whether the execution of the suit Promissory Note (Exh.32) was proved on evidence.

2. Regular Civil Suit No.219 of 1981 instituted by the plaintiff for recovery of the amount based on the Promissory Note came to be dismissed on 29.9.1983 by the Court of learned Civil Judge (J.D.), Dabhoi. The respondent-plaintiff preferred Regular Civil Appeal before the Court of learned 2nd Extra Assistant Judge at Vadodara. The said Appeal was allowed by judgment and decree dated 8.2.1991 and the first appellate court decreed the Suit directing recovery of principal amount with 6% interest from 16.5.1981 till realization.

3. The challenge in this Second Appeal by the appellants-original defendants is directed against the aforesaid judgment and decree passed on 8.2.1991 by the first appellate court.

Following order was passed in the presen