Pandrang Row, J.

1. This is an appeal from the decree of the District Judge of Kistna dated 12th April, 1935, in O.S. No. 15 of 1933, a suit to recover the amount due on a promissory note Ex. A, dated 12th February, 1930, executed by the first defendant in favour of the late Mallikarjuna Rao, the father of the plaintiffs indorsers. The suit was directed not merely against the maker of the note, the first defendant, but also against his father, the second defendant, and his son, the third defendant. It may be mentioned in this connection that the first defendant became insolvent and the Official Receiver of Vizagapatam was brought on record as the fourth defendant. The learned District Judge passed a decree only as against defendants 1 and 4, that is to say, as against the estate of the first defendant, and dismissed the suit as against defendants 2 and 3. The plaintiff has preferred this appeal from the decree of the Court below dismissing the suit against defendants 2 and 3, and the only question for determination in this appeal is whether the plaintiff is entitled to a decree against defendants 2 and 3.

2. It must be remembered that the suit is by an indorsee and is based