S. RAMACHANDRA IYER, C.J. :- This is an appeal by the second judgment-debtor under a decree passed by the District Court of the Civil and Military Station, Bangalore, against the order of the learned Subordinate judge, Devakottai, directing execution to proceed. The execution proceedings had a chequered career and it will be useful to refer to it if only to appreciate the only point now in controversy between the parties.

2. The first judgment-debtor, G.V. Raman, was carrying on business under the name of Imperial Railway Materials Corporation at Krishna Rao Naidu St. Thyagarayanagar, Madras, He had his residence at No. 19 Crescent Park St. Thyagarayanagarj Madras. The appellant who is the second judgment-debtor belongs to Shanmuganathapuram, a village three miles from Devakottai. He was a friend of G.V. Raman and admittedly he used to stay in the latters-place of business whenever he used to come to Madras. It is also admitted that he resided during. January-February 1937 at No. 19 Crescent Park St. On 17th June 1937 both G.V. Raman and the appellant joined in the execution of a promissory note in favour of the Bangalore Bank Ltd. for a loan of Rs. 26056 taken by the forme