JUDGMENT :- This a plaintiffs appeal against the reversing judgment of the learned District Judge, Cuttack, modifying the decree passed by the trial Judge to the extent that defendant 2 is not liable for the debt.

2. The facts leading up to this appeal are rather simple. The plaintiff filed a suit for recovery of money on a handnote dated 5-3-49 (Ext. I) for a sum of Rs. 500/-. The defendant 1 alone executed the document in favour of the plaintiff, but the plaintiff filed the suit against both the defendants 1 and 2 Defendant 1 is the nephew of defendant 2, and they are members of a joint family. The plaintiff in paragraph 1 of his plaint stated that defendant 1 as Karta of the joint family, for their common benefit, that is, to pay up the decretal dues of one Sri Kasinath Mukherjee of Howrah as well as for maintenance, borrowed the aforesaid sum of Rs. 500/-. The defendants in spite of demand by the plaintiff, did not pay anything towards the loan, and accordingly forced the plaintiff to file the present suit for realisation of his dues, that is, both principal and the interest.

3. Defendant 1 filed a written statement admitting the execution of the document, but took the plea that