Alfred Henry Lionel Leach, C.J.

1. The question which the Court is called upon to answer in this case is whether a Hindu father who has been adjudicated an insolvent, can by reason of the acknowledgment of indebtedness embodied in the schedule filed by him in the insolvency proceedings extend the period of limitation against his sons who have separated from him since the debts were incurred, the debts not having been incurred for any illegal or immoral purpose.

2. The first and second respondents filed a suit in the Court of the Subordinate Judge of Cocanada to recover a sum of Rs. 17,909-7-9 claimed to be due on four promissory notes executed by the father of the appellants. The promissory notes are dated the 10th May, the 12th June, the 18th August 1929 and the 31st May, 1930 respectively. When they were executed the first appellant was joint with his father. The second appellant had not then been born. On the 2nd November, 1931 the first appellant brought a suit for the partition of the family estate. On the 16th November, 1931 a preliminary decree for partition was passed, but a final decree did not follow until the 6th April, 1935. The father had died on the 17th January