1. The 2nd defendant's challenge to the right of the assignee-decroe-holder to execute the decree has given rise to this appeal. The decree is in favour of the Lakshmi Prasad Bank Ltd., and it is based on a promissory-note executed by defendants 1 and 2. These two defendants are brothers who have become divided in interest. They are governed by Hindu Mitakshara Law. Under the decree both the defendants are jointly and severally liable for the debt due to the bank. The 1st defendant's son obtained an assignment of the decree on payment of the entire decree debt to the bank and himself, along with the original decree-holder, filed an execution petition praying for recognition of the assignment and for permitting the assignee to proceed with the execution of the decree. When notice was served on the judgment-debtors, the 2nd defendant appeared and contended that execution should not be allowed to proceed. The main objections raised by him are that he joined in the execution of the plaint promissory-note merely as a surety for the 1st defendant and therefore the primary liability is on the 1st defendant, that the assignee who is the son of the 1st defendant is equally liabl