Shahabuddin, J.

1. The petitioner is the plaintiff in the Small Cause Suit No. 208 of 1941 on the file of the Subordinate Judge of Bezwada. That suit was based on a promissory note executed by the defendants on 23rd April, 1937, for a sum of Rs. 1, 000 in favour of the Vijavada National Bank,, Limited, Eezwada. This promissory note has been indorsed in favour of the plaintiff-petitioner for consideration. On the same date there was with reference to this promissory note an agreement between the promisors and the promisee to the effect that the promisers should pay the amount of the promissory note Rs. 1,000 in twenty-five monthly instalments of Rs. 40 each each instalment being payable by the 20th of every month and that in default of paying any of the instalments the promisee, that is, the Bank should be at liberty to recover the whole amount due from the promisors without waiting for the future instalments. The instalments due up to 19th June, 1937, were paid but the instalment due on 19th July, 1937, was not paid. There was, however, a payment of Rs. 5 towards the promissory note on 15th June, 1940. The payment of the instalments was not endorsed on the promissory note, b