1. Plaintiff sues on a promissory note for Rs. 5000/- executed by the defendant on 19 91958. The only plea of the defendant that is relevant for the purpose of this second appeal is one that the promissory note is not supported by consideration to the extent of Rs. 1900/-. This plea was accepted by the trial court and in appeal by the plaintiff this has been confirmed. Though plaintiff called into aid the presumption under S.118 (a) of the Negotiable Instruments Act, 1881, the courts below have held that the benefit of that presumption would not be available to the plaintiff since, even the plaint allegations would show that the payment of consideration was not in the manner mentioned in the promissory note.

2. Ex.A1, the promissory note, mentions the consideration of Rs. 5000/-as paid in cash. But in the plaint it is averred by the plaintiff that Rs. 1600/- was paid by way of cheque, Rs.1900/- was paid in cash and later the sum of Rs. 1500/- was paid by cheques. The payment of consideration in cash on 19 91958, the date of execution of the promissory note, is denied by the defendant. If the presumption under S.118 (a) could be called into aid and such presumption would