JUDGMENT

Ryves, J. - This is a civil revision from a decree of the Court of Small Causes. The suit was based on a promissory-note executed by the defendant, on the 16th of April 1949. The suit was filed on the 28th of April 1922. The defendant put in a written statement, the second paragraph of which runs as follows:

The plaintiff (who is a Jotshi) led the defendant to believe that he would perform adequate puja which would have the effect of saving the lives of his children and they would survive the age of one year, and for this the defendant agreed to pay Rs. 30 to the plaintiff out of which Rs. 8 was paid in cash and the balance was payable after the child had survived the age of one year. It was on this under-standing that the promissory-note was written. The child died within a year of its birth and hence nothing was payable. The other ground taken was that the suit was barred by limitation. It appears from the record that five witnesses on behalf of the defendant were present but, as a matter of fact, the Court took no evidence at all, holding that it was not open to the defendant who admitted the execution of the promissory-note to plead want of consideration and reliance was