Wadsworth, J.

1. This civil revision petition arises out of an application for stay of execution under Section 20 of Madras Act IV of 1938. The petitioner, who was also the applicant before the lower Court is admittedly a non-agriculturist. In 1933, he and his brother (who is an agriculturist) were members of a joint family and they executed a promissory note which is said to be in discharge of a family liability. In November, 1934, there was a partition between the two brothers and at that partition the debt . in question was allotted to the present petitioner, though of course this arrangement would not bind the creditor. In 1936, the creditor got a decree against both the brothers. The decree is based on the joint liability of the brothers under the promissory note and does not proceed on any family liability. Now the agriculturist brother has taken no action to get his liability under this debt scaled down. But the petitioner (the non-agriculturist brother) tried to stop execution against himself on the ground that by reason of Section 14 of the Act this was a family debt the decree for which could only be executed against him to the extent of his proportionate share in