1. The above Civil Revision Petition is directed against the fair and decretal order dated 18. 1996 made in I.A. No.8764 of 1995 in O.S.No.3086 of 1994 by the XI Assistant Judge, City Civil Court, Madras, thereby refusing to grant unconditional leave to defend the suit and prove his case.

.2. It is the petitioner/defendant who filed the said application before the trial court under Order 37 Rule 3(5) C.P.C. praying to the effect as aforementioned alleging in the affidavit filed in support of the petition, that the suit is barred by pro-notes would show that they were executed at Thirunindravur where he resides and no cause of action would arise to the lower court; that the suit transaction was with one K. Shanmuga Mudaliar, and the plaintiff is one in whose favour the three pro-notes dated 5. 1984 were made over; that he had been given notice only after assignment of the pro-notes; that the amounts had not been specified either on the pro-notes or in the letter dated 22. 1990, thereby indicating that no consideration had passed on to the assignor thus rendering the assignment invalid.

3. Further averments of the affidavit filed before the lower court in support of the