Kuppuswami Ayyar, J.

1. Defendants 2 to 6, 8 and 9 in O.S. No. ,38 of 1933 on the file of the Subordinate Judges Court of Masulipatam are the appellants in this second appeal, and the appeal arises out of a suit filed by the first respondent plaintiff for recovery of money due on a hypothecation deed for Rs. 2,000 executed by one the late Subbarayadu and his sons defendants I and 2 and the late Venkayya, the father of defendants 3 and 4. Defendants 5 and 6 are the undivided sons of the first defendant and 7 to 9 the undivided sons of the second defendant. Defendants ,10 and 11 are subsequent alienees and the 12th defendant is said to be the cousin of the plaintiff. The plaintiffs case was that the hypothecation deed was executed in favour of his grandfather and that in the partition in his family this outstanding fell to his share. A payment of Rs. 747-1-0 on 22nd January, 1921, endorsed on the document with the signature of the first defendant who was said to be in management of the business of the family for which the debt was borrowed was alleged as saving the suit from being barred by limitation. The first defendant admitted the claim but pleaded that the debt was liable