P. Govinda Menon, J.

1. The plaintiff-petitioner had filed a suit on a promissory note, case No. 20/56 on the file of the Kavukkode Panchayat Court against the respondent. The respondent filed written statement denying the plaint claim. Pending disposal of the case the petitioner filed an original petition in the Munsiff's Court, Ponnani as O. P. 12/57 for the transfer of the case. We are not concerned, in this petition, with the merits of the allegations made therein. The Munsiff on 1-4-57 passed orders granting interim stay of the proceedings in the lower court and hearing of the petition was fixed to 20-5-57. The stay order was despatched by post to the President, Kavukkode Panchayat Court on the same day itself as is seen from the register in the Munsiff's Court. Notice was however not received by the President and therefore fresh notice was ordered and the petition was posted to 26-6-57. Before that date on 8-6-57 the Panchayat Court took up the case for hearing and disposed of the suit ex parte allowing the defendant's contention. As the suit was disposed of O.P. 12/57 for transfer of the suit was not pressed. The petitioner filed another petition O.P. 20/57 under S.73 of