RAMAKRISHNAN, J. :- This Letters Patent Appeal is filed against the judgment of Basheer Ahmed Sayeed, J., in App. 7 of 1956 which in its turn was an appeal from the judgment and decree passed by the learned Principal Subordinate Judge of Chingleput in O. S. No. 39 of 1954. The suit was filed on a promissory note for recovery of a sum of Rs. 5641-10-0. The plaint allegations are succinctly set out in paragraph 2 of the trial Courts judgment, as follows :

"The plaintiffs case is : He entered into a partnership trade in lorry service with the second defendant and carried on the business under the name and style of "Magiszchi Lorry service". Differences arose between them and the plaintiff wanted to retire from the partnership. In a mediation, it was settled that he second defendant should take over the business with all assets and liabilities and that Rs. 5000/- should be given to the plaintiff in full quit of his share and claims. Defendants 1, 3 and 4 proposed to continue the business in partnership. Therefore, they also undertook to pay the said sum and consequently, all the defendants executed a pronote for Rs. 5000/- on 5-6-1953 agreeing to repay the same on demand with i