Wadsworth, J.

1. The petitioners were plaintiffs in a small cause suit based on a promissory note, Ex. A, dated 25th March, 1933, for a sum of Rs. 167-12-9. The promissory note reads as if it were a joint promissory note by the first and the second defendants. But it is found that it was not executed by the second defendant though it was executed by the first defendant. What happened was that the two defendants went to the plaintiffs and asked them to write a promissory note in renewal of two earlier promissory notes, the major note being Ex. C, a joint bond executed by both the first and second defendants, the lesser one being Ex. B a promissory note by the first defendant alone. While the suit note was being written the second defendant went away. The scribe wrote at the foot of the note the description of the second defendant as the person who affixed his mark, but no mark or thumb print was in fact taken from the second defendant. The first defendant executed the promissory note and he did not defend the suit nor has he appeared to oppose this revision, petition. The lower Court found that as the note was intended to be a joint note and was not executed by one of the joi