JUDGMENT

Verma, J. - This is an application for revision by the plaintiff, in a suit filed in the Court of Small Causes at Benares, against the decree of the Court dismissing the suit. Three persons, Nasiruddin, Muniruddin and Khabiruddin, executed a promissory note in favour of the plaintiff firm on 12th August 1934, agreeing jointly as well as severally to pay to the plaintiff on demand a certain sum of money at a certain rate of interest. Sometime in 1936, Nasiruddin and Khabiruddin made an application u/s 4, U.P. Encumbered Estates Act (25 of 1934), and the Collector passed an order u/s 6 of the Act on 6th November 1936. On 12th August 1937, the suit, out of which the application for revision has arisen, was filed against all the three executants of the promissory note, namely Nasiruddin, Muniruddin and Khabiruddin. The fact that Nasiruddin and Khabiruddin had made an application u/s 4 of the Act and that the Collector had passed an order u/s 6 having been disclosed in Court, the plaintiff made an application on 28th December 1937, stating that he wanted to proceed against Muniruddin alone and praying that Nasiruddin and Khabiruddin be exempted from the suit. The Court, in accor