Beasley, C.J.

1. This is an appeal from a judgment of Jackson, J. The suit under appeal was upon a promissory note executed by defendant 1 on 23rd May 1920 for Rs. 1,000. The suit was filed against defendant 1 and against the present appellant as defendant 2 on 14th March 1925. The appellant was impleaded in the suit as defendant 2 because he had executed a document, Ex. B, on 31st July 1921 together with defendant 1. The document is as follows:

Both of us are conducting trading business jointly for the benefit of our family. In respect of the debts that have been borrowed (till now) and may be borrowed hereafter from you (the plaintiff) by us jointly and severally and also jointly along with others, we bind ourselves to be liable for them and pay them oft to you, jointly and severally.

2. It is clear that as against the appellant the suit was barred by limitation, but it was contended that certain payments made by defendant 1 on 22nd March 1922 and 13th January 1923 saved limitation. But the trial Court and the first appellate Court held that as against the appellant the suit was barred by limitation. But in second appeal, Jackson, J., held that Ex. B was not a contract of gu