ORDER :- This revision arises out of a suit instituted by the petitioner, S.C. No. 2527 of 1950, on the file of the Small Cause Court, Madurai, for the recovery of a sum of Rs. 488-5-1 on foot of a promissory note dated 23-6-1949. The defendant admitted execution of the pronote and the receipt of consideration therefor, but contested the suit on the ground that there was no transaction between him and the plaintiff, that it was one Ismail, the brother of the plaintiff who had advanced the loan, that the promissory note was executed in his account book leaving the name of the payee blank, that it was delivered not to the plaintiff but to Ismail, that subsequently the amount due under the note was repaid to Ismail on 8-2-1950 and a receipt also taken, that the debt had thus become discharged, that owing to misunderstandings which had arisen subsequently, Ismail had in collusion with the plaintiff entered his name as payee in the instrument and that the plaintiff was not a holder in due course and was not entitled to recover under the promissory note. The Court below held on a consideration of the evidence that the facts were as stated by the defendant in the written statemen