Sommayya, J.

1. The suit out of which this second appeal arises was filed by two plaintiffs, mother and daughter, for a decree against the second defendants share in the family properties. The second defendant is the younger brother of the first defendant and the suit was filed upon a promissory note executed by the first defendant, the elder brother and manager of the joint family consisting of himself and the second defendant. It was alleged in the plaint that the first defendant who was the manager of the family of the two defendants executed a promissory note in favour of the first plaintiff for Rs. 2,500. The first plaintiff endorsed the promissory note which was executed in her favour to the second plaintiff, her daughter for collection. The second plaintiff brought a suit on the promissory note in O.S. No. 1 of 1936 on the file of the Sub-Court, Tanjore and obtained a decree on the 18th February, 1936. To this suit, the first defendant was alone made a party. Subsequent to the decree, the first defendant was adjudicated insolvent in I.P. No. 9 of 1936, Sub-Court, Tiruvarur, and his share of the properties has vested in the Official Receiver who is the third defendant