GANAPATIA PILLAI, J. :- This appeal is preferred by the first defendant in O. S. No. 54 of 1958 on the file of the Court of the Subordinate Judge, Colmbatore. That suit was brought by the respondent for recovery of Rs. 21794-8-0 due on a promissory note executed by the appellant. The admitted facts are these.

2. The appellant and the father of the respondent were carrying on business in partnership at Tirupur under the name and style of K. S. R. and Co. This firm became indebted to the Central Bank, Tirupur, in a large sum. in order to pay off this debt the two partners of K.S.R. and Co. borrowed Rs. 50000 by executing two promissory notes; the notes sued upon in this litigation was one and the other was the note executed by the father of the respondent in favour of one Saraswathi Ammal, a niece of the respondent. Both notes were executed on 14-3-1951.

Sometime before the execution of the promissory notes K. S. R. and Co. stopped doing business. Even while they were doing business the respondent was acting as a Banker for them receiving their monies as deposits and lending monies to them. After giving credit to the sum of Rs. 15750 towards the suit promissory note as on 29-3