1. This is a suit on a negotiable promissory note executed by the two defendants in the plaintiffs favour payable on demand. The plaintiff obtained a decree against both the defendants in the Munsifs Court and the decree has been confirmed on appeal preferred by the 2nd defendant. The 2nd defendant contested his liability on the ground that although he executed the note as a principal jointly with the 1st defendant it was agreed at the the time of the execution that he should be regarded only as a surety for the 1st defendant for whose sole benefit it was executed and he was relieved from liability inasmuch as the plaintiff gave time to the 1st defendant for payment by receiving interest from him in advance for 5 months and also varied the contract by agreeing to receive the debt from him in small instalments. The Lower Courts have held that this agreement supposing it to be true would not relieve the second defendant from liability expressly contracted by him as principal debtor. It has also been found that plaintiff did not agree to give the defendant time for payment by receiving Rs. 75 for interest in advance or contract to receive the debt in instalments. The first que