Byers, J.

1. The essential facts leading to this revision petition are that a suit on a promissory note was brought against the makers and also against the present petitioner, in whose favour the note had been executed and by whom it had been endorsed to the plaintiffs in that suit for consideration. A decree was obtained against the makers and also against the petitioner and his two sons. In execution of that decree some of the petitioners property was sold and he eventually brought a suit in the District Judges Court at West Godavari for a declaration that the decree was not executable against him and for consequential relief in the shape of setting aside the execution sales already held together with an injunction preventing further execution against him. The basis of this claim to avoid execution was an agreement which the petitioner alleged had been entered into between himself and the decree-holders prior to the institution of the suit on the note to the effect that no remedies should be claimed against him. Although the plaint was for a declaration with consequential relief which the petitioner valued at an arbitrary figure of his own, the learned District Judge found