Alfred Henry Lionel Leach, C.J.

1. In my judgment the answer to the question referred should be in the affirmative, but before indicating my reasons I will set out the essential facts.

2. The respondents sued in the Court of the District Munsiff of Amalapuram to recover the sum of Rs. 1,450-1-3, which they claimed to be due on a promissory note executed by the first appellant on the 27th January, 1937. The plaintiffs case was that the first defendant (the first appellant) borrowed Rs. 3,000 on a promissory note dated the 12th December, 1934; on the 27th January, 1937, there was due on this instrument Rs. 4,359 , on that date the first defendant repaid in cash Rs. 3,059 and in respect of the balance of Rs. 1,300 he executed the promissory note in suit. The first defendants two sons were joined as defendants. The defence was that the note of the 12th December, 1934, really represented what was due in respect of a loan of Rs. 2,000 advanced in 1925; on the 23rd October, 1929, the first defendant repaid a sum of Rs. 1,900; by this payment and the payment of Rs. 3,059 on the 27th January, 1937, he had repaid altogether more than double the amount borrowed in 1925 and by virtue of