ORDER :- This is a plaintiffs application under S. 25 of the Provincial Small Cause Courts Act against the judgment of the learned Small Cause Court Judge, Beramnur, dismissing his suit. The plaintiff filed a suit against the defendant for realisation of Rs. 154-10-0, basing his claim on a promissory note dated 28-5-55. The defence inter alia was that the defendant gave his thumb impression on a blank piece of paper under threat and coercion for the execution of a Muchalika. The learned Small Cause Court Judge dismissed the suit on two arounds : (1) The attestor and the scribe of the document are both interested in the plaintiff and hence they cannot be believed. (2) The name of the payee is not mentioned in the promissory note itself. Therefore in terms of S. 4 of the Negotiable Instruments Act, it cannot be held to be a promissory note.

2. Mr. N.V. Ramdas, learned counsel appearing on behalf of the petitioner, submitted that the onus was wrongly put on the plaintiff when the defendant had admitted the execution on a blank sheet of paper. His next contention was that the defendant did not prove that there was coercion and threat, much less the stamp paper was for a Muchalika. I hea