JUDGMENT

Fletcher, J. - This is an appeal by the plaintiff against a decision of the learned Subordinate Judge of Shahabad, dated the 9th September 1912. The plaintiff sued to recover certain suras that were alleged to be due to him from the defendants. The first defendant, Bakshi Harihar Prosad Singh, had a brother, Bakshi Sheo Prosad Singh. In the year 1907 Sheo Prosad Singh died leaving the second defendant, his only son. In his life-time, Sheo Prosad had executed certain promissory notes and, on the 30th April 1906, he executed a fresh hand-note for Rs, 6,000 in favour of the plaintiff in lieu of all the notes that had been executed by him down to that date. On the 22nd November 1906, Sheo Prosad executed a further hand-note for the sum of Rs. 1,000. Sheo Prosad was the karta of this joint Hindu family and the defendant No. 2, his infant son, was a member of that family which was undivided at all times material for the purposes of the present case. On the death of Sheo Prosad, the first defendant succeeded to the office of the karta and be executed five promissory notes in favour of the plaintiff, two being dated the 5th April 1908 and the 12th November 1908 respectively, each o