Kunhi Raman, J.

1. The plaintiff is the petitioner. He claimed to be the beneficial owner of the amount for which a promissory note was executed by the second defendant in favour of the first defendant. The trial Court has disbelieved the plaintiffs case against the first defendant. The finding of the trial Court is recorded in these terms:

I find disbelieving the evidence on behalf of plaintiff that the arrangement set up by plaintiff with reference to the suit pronote, Ex. B is not true, that first defendant had nothing to do with it, that she was not a trustee in respect thereof, and that she cannot be in any manner made liable for the amount due on the pronote Ex. B.

2. This finding so far as the first defendant is concerned cannot be seriously questioned, seeing that it is a finding of fact which is based upon the evidence placed before the trial Court....

3. At the trial, the plaintiff wanted a decree against the second defendant on this promissory note. The trial Court has held following certain decisions of this High Court that in view of the provisions of Section 78 of the Negotiable Instruments Act, since the plaintiff was neither the payee nor the holder of the promi