Falshaw, J.

1. The facts in this case are that a suit was instituted by L Union Fire Accident and General Insurance Co., Ltd., of New Delhi against two defendants O. P. Kapur and Ram Kapur for the recovery of Rs. 11,385/- on the basis of two promissory notes for Rs. 5,000/- and Rs. 6,000/.-. The plaintiffs case appears to be that the pro-notes were executed by O. P. Kapur defendant No. 1 in lieu of certain sums embezzled or misappropriated by him when he was in the employment of the plaintiff company, and the other defendant was impleaded as surety. The principal issue in the case framed by the trial Court is

"Whether the promissory notes for Rs. 5,000/- and Rs. 6,000/- were executed by defendant No. 1 for consideration."

The plaintiff company applied to the trial Court for the shifting of the onus on to the defendants to prove that the pronotes, the execution of which by defendant No. 1 has been admitted, were without consideration. A revision petition was filed in this Court challenging the order of the trial Court refusing to shift the onus. The case came before S. B. Capoor, J., on 29-3-1962, and since there were conflicting authorities he has referred to a larger Bench