( 1 ) THIS is an appeal by the 2nd defendant against the judgment and decree of the Subordinate Judge, Guntur, passed in favour of the plaintjff-1st respondent. 2nd respondent is the 1st defendant. Plaintiff-1st respondent had filed a suit on promissory note executed by the appellant and the 2nd respondent on the allegation that he and the appellant carried on tobacco business jointly in the year 1948 and in connection therewith, the appellant had to pay certain amount to him. As there were differences, the matter was referred to mediators and an amount of Rs. 8,000. 00was settled as being due to the 1st respondent by the appellant, who along with the 2nd respondent agreed to and executed a promissory note on 24-6-1950 for that amount payable with interest at 9 per cent per annum from that date till the date of payment. As the defendants failed to pay in spite of repeated demands orally and by a registered notice Ex. A-5 dated 5-6-1951, 1st respondent filed the suit O. S. No. 18 of 1953. Defendants 3 and 4 who are the brothers of the 2nd defendant were also added as supplemental defendants as per the order on I. A. No. 848 of 1953, but were given up at the time of trial b