MAHARAJAN, J. :- An interesting question of law arises in this Letters Patent appeal, which is directed against a second appellate judgement of this court, and it arises under the following circumstances.

2. The plaintiff, who is the respondent in this appeal, instituted a suit in the court of the District Munsif, Tuticorin, for the recovery of moneys due under a promissory note executed by the defendant, who was a resident of Nagarcoil. The plaintiff alleged that the promissory note was executed at Tuticorin and that consequently the cause of action had arisen within the territorial limits of the Tuticorin court. The suit itself was instituted on the last day of limitation. The defendant appeared in the Tuticorin court and raised several contentions, one of which was that inasmuch as the promissory note had been executed at Nagarcoil and not at Tuticorin and he himself was residing at Nagarcoil, no part of the cause of action had arisen within the territorial limits of the Tuticorin court. As many as 7 issues were framed upon the pleadings and issue No. 3 related, to the territorial jurisdiction of the Tuticorin court. But, before the trial commenced, that is to say, on 28