MOHAPATRA, J.

( 1 ) THIS First Appeal is against the judgment and decree dated 27-4-1948 of Sri R. C. Misra, Subordinate Judge of Berhampur, and is brought by the creditor (defendant 1), the Court having allowed relief under the provisions of Section 10, Orissa money-Lenders Act in favour of the plaintiffs. Defendant 3 (Ghanosyamo Sahu)was the original debtor along with one Bada Khetrabasi. Plaintiff 2 Raghunath and defendant 4 Neelakantha Sahu are the sons of defendant 3. Plaintiff 1 Khetrabasi is the brother of the said Ghanosyamo. Baba Khetrabasi was not a member of the family, but a partner in business with them. Padma Sahuani (plaintiff 3) is the widow of deceased Bada Khetrabasi. The said Bada Khetrabasi and defendant 3 executed a promissory note of Rs. 4000/- (Ext. 2) in favour of defendant 1 on 194-1931, the note bearing interest at twelve per cent, per annum. Thereafter the executants used to make occasional payments and also used to borrow further sums from time to time. The biggest item that they borrowed after the execution of the said handnote was Rs. 2015/5/6. On calculation, the total amount due to the creditor was found to be Rs. 9382/- on 11-8-1936. The said Bada