B. K. PATRA, J.

( 1 ) THIS is an appeal by defendants 1, 2 and 4 and arises out of a suit brought against them and defendant No. 5 for recovery of Rs. 7,500/- alleged to be due on a registered handnote dated 25-6-1949 executed in favour of the plaintiff by defendant No. 5 and his brother Krushna Chandra Jena. Krushna Chandra Jena is dead. Defendants 1 and 2 are alleged to be his sons and defendant No. 4 is his widow. In execution of a decree which the Raja of Aul had obtained aganist krushna Chandra Jena and his brother Gananath Jena (defendant No. 5), he brought the latter's ancestral properties to sale and purchased them himself. Subsequently the two brothers negotiated with the Raja to get back the properties from him on payment of Rs. 3262/ -. For executing the sale deed in their favour, they were to purchase stamp and for this and certain other needs of theirs, they had borrowed Rs. 938/- from the plaintiff in several instalments. Both the brothers executed in favour of the plaintiff a handnote for Rs. 4200/ -. Rs. 938/- which they had previously taken from the plaintiff was adjusted towards consideration and the balance of Rs. 3262/- was paid by the plaintiff on behalf of Kr