JUDGEMENT :- The plaintiff was the petitioner in this Court. After filing the civil revision petition, he died on 22-1-1966 and on an application by his legal representatives, they were brought on record as the present petitioners in C.M.P. No. 4412 of 1966. It is significant that at the time when the legal representatives of the original petitioner desired to bring themselves on record, there was no opposition by the respondent.

2. The petitioners instituted the action against the defendant on the foot of a promissory note, of which he secured assignment from the original payee. The assignment, however, was for purposes of collection and that this is so, is not in dispute. The original payee died after such endorsement in favour of the petitioner. After the death of the original payee, the petitioner instituted this suit on the foot of such an assignment of the promissory note Ex. A-1 in his favour. The suit was resisted on the ground that since the original payee died, the endorsee has no further cause of action, as the agency which was expressly created by such an endorsement should be deemed to have been terminated by the death of the original payee.

3. The learned District Munsi

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