Pandrang Row, J.

1. This is an appeal from the decree of Waller, J., dated 16th February 1931 in C. S. No. 348 of 1928, a suit instituted by the Imperial Bank of India, Madras, to recover the amount due on two promissory-notes executed on the 4th and 7th days of August 1925 for Rs. 25,000 and rupees 37,000 respectively by one Kadiresan Chetty as agent of the guardian of the minor defendant 1, then aged about three years, and the sole proprietor of the P.L.A. Firm. The promissory-notes were executed in favour of defendant 2 firm known as the M.A.R.A.R. Firm, and they were endorsed in favour of the Imperial Bank of India, the first note being endorsed by Kadiresan Chetty himself as agent for defendant 2s firm, and the second note by the principal of that firm. The plaint proceeded on the basis that the promissory-notes were executed by the P.L.A. Firm, and the claim against this firm was based only on the execution of the promissory-notes by this firm. Defendant 2 firm consented to a decree, and only the minor defendant 1 resisted the claim. The minor defendant 1 who is the sole proprietor of the P.L.A. Firm was represented by his maternal uncle as guardian-ad-litem, and in hi