Srinivasan, J.

1. The question raised in this reference to the Full Bench is whether a member of a Joint family to whom a promissory note is allotted at an oral partition among the members of that family can maintain an action on the promissory note as distinct from the debt, in the absence of an endorsement of transfer made on the promissory note or of a deed of assignment executed in respect of that note.

2. This question arose in the revision filed by the plaintiff who was non-suited by the learned District Munsif of Pudukottai who upheld the contention of the defendant in the suit that the plaintiff obtained no rights in the promissory note without an assignment in his favour. The facts are that the defendant executed a promissory note for a sum of Rs. 70/- in favour of the plaintiffs grandfather in 1937. The Payee-grandfather died, and at a partition which took place between the sons of the payee, that is, the plaintiffs father, and his brother the promissory note Was allotted to the plaintiff's father.

No endorsement was however made on the note. Subsequently, the defendant had been making various payments and appropriate endorsements of payment had been made on the Pro