Venkataramana Rao, J.

1. This appeal arises out of a suit brought to recover the amount due under two promissory notes dated 12th November, 1930 and 5th December, 1930, executed by one Bulli Gangireddi. the deceased father of the defendant in favour of the plaintiff. At the date of the execution of the suit promissory notes the defendant and his father were members of a joint family and undivided. The father was carrying on a family business and the suit debts were incurred in the course 01 that business. The father was adjudicated insolvent on 13th November, 1931, on a petition filed by his creditors. Before the order of adjudication, the defendant represented by his next friend filed a suit for partition against his father and on 16th November, 1931, a preliminary decree for partition was passed and it has since been brought to our notice that a final decree was passed on 6th. April, 1935. The plaintiff proved his debt before the. Official Receiver but no dividend was paid to him on the date of the suit for even up to the date of the decree in the lower Court. The learned Subordinate Judge gave a decree in favour, of the plaintiff and this appeal has been preferred by the