Judgement

PANIGRAHI, J. :- This appeal by the plaintiff arises out of a suit for the recovery of a sum of Rs.3700/- on two promissory notes, dated 9-6-1941 and 18-6-1941 for Rs.3000/- each. The suit promissory notes were executed by defendant 1 Damodar Sahu, who was admittedly the manager of the Hindu joint family consisting of himself and the other defendants. He also held a power of attorney, executed by the other members of the family, and was given certain well-defined powers. The suit was filed on 22-1-1946 and the plaintiff relied upon two endorsements of payment made on each of the promissory notes, to save limitation. These endorsements were made on 1-1-1942 and 24-1-1943 by defendant 1 on the hand-notes (which are marked as Exs.2 and 3) the endorsements being marked as 2A, 2B, 3A and 3B respectively. Defendants 4, 10 and 11 contested the suit. The other defendants were ex parte. Defendant 1 did not file any written statement though he appeared in Court. The plea urged on behalf of the defendants (other than defendant 1) was that defendant 1, Damodar Sahu, had no power to borrow on behalf of the family and that neither the handnotes nor the endorsements purporting to have be