JUDGEMENT :- Defendants 1 and 3 to 5 in O. S. No. 106 of 1967, on the file of the VIII Asst. Judge, City Civil Court, Madras, who succeeded before the trial Judge, but lost before the appellate Judge, are the appellants herein, the suit was instituted by the first respondent herein for the recovery of a sum of Rs. 4216/- on the basis of Ex. A.2, the promissory note, said to have been executed by the second defendant on behalf of the first defendant as its managing director. The suit has been filed under Order XXXVII, Rule 2, C.P. Code. The plaint avers that the plaintiff, the first respondent herein, advanced a sum of Rs. 10,000 under the promissory note Ex. A.2, with interest thereon at 1.80 per cent, per mensem and that in respect of the said promissory note, the first defendant has paid to the plaintiff only Rs. 6000 and failed to pay the balance. In paragraph 6 of the plaint it is stated that the defendants are liable to pay the balance of Rs. 4,000 and a sum of Rs. 216 by way of interest from 9-9-1966 till the date of suit. Hence the suit was instituted for the recovery of a sum of Rs. 4216. The defendants put forward various defences. One such defence which was put forward wi

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