Ramesam, J.

1. The facts of this revision petition may be thus stated. Defendants Nos. 1 and 2 are contractors In the course of the business the 2nd defendant got a cheque for Rs. 4,211 dated 11th August, 1927, drawn on the Imperial Bank of India, Erode. According to the plaintiff the cheque was negotiated for valuable consideration on the same date and the plaintiff became the owner in due course. Before he could present it for payment, the 1st defendant filed a suit against the 2nd defendant (O.S. No. 477 of 1927), in the District Munsifs Court of Erode and the plaintiff in that suit (the present 1st defendant) applied for a prohibitory order prohibiting the Imperial Bank of India from paying the amount to the 2nd defendant or his endorsees. The plaintiff intervened with I.A. No. 973 of 1927, for raising that order, but it was dismissed. Hence he brings this suit for a declaration to establish his right to obtain payment under the cheque or at any rate for a declaration that the cheque was endorsed to him for valuable consideration. Besides the 2nd defendant the Imperial Bank was originally impleaded as 3rd defendant. He followed the plaint by a petition praying that the I