JUDGMENT:- This appeal is directed against the order of the District Judge, Panaji, dated 9-3-1972, dismissing the suit of the appellant/plaintiff after setting aside the decree of the trial court.

2. The plaintiff filed a suit to recover the sum of Rs. 500/- due to him on a promissory note dated February 16th, 1967. The pro-note was payable on demand. It was alleged by the plaintiff in the plaint that the sum due on the pro-note was borrowed by the respondent/defendant from the plaintiff. In paragraphs 2 and 3 of the written statement the defendant states :-

2. The plaintiff and the defendant were, dealing with the business of she-buffaloes. The defendant had purchased from the plaintiff the last she-buffalo in or about May, 1966 and that the defendant was in arrears to the plaintiff an amount of Rs. 485/- from the purchase of she-buffalo in or about month of May. 1966. The plaintiff induced the defendant to execute a promissory note dated 16-2-1967, even though the defendant did not receive any consideration on 16-2-1967. The defendant states that as no consideration is passed to him on the day of execution of promissory note, he is not obliged to pay any sum to the plaintiff and c

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