( 1 ) THIS is a plaintiffs second appeal arising out of a suit brought for the recovery of money on the basis of four promissory notes executed by the defendant-respondent. The facts admitted or found proved by the lower Courts are that the plaintiff Rai Ram Kishore formed a joint Hindu family with his brothers, Rai Amar Nath and Rai Ram Charan. There was a joint family firm under the name and style of "piru Mal Radha Rawan" through which this joint family used to carry on money lending business. The respondent used to borrow money from this joint family firm. The present suite relates to four promissory notes executed by the respondent in the name of Rai Amar Nath as payee in the years 1935 and 1936. The first, promissory note was executed on 2-2-1935, for a sums of Rs. 541, the second on 25-2-1935 for Rs. 175 and the third and the fourth on 8-2-1936, for Rs. 2920 and Rs. 330 respectively. All these promissory notes were renewals of previous loans which has been taken by the respondent originally during the years 1930 and 1931. Rai Amar Nath was the karta of the joint Hindu family, being the eldest brother, and the money, which was advanced came out of the joint family funds. On 3-11-1932 before the execution of these renewed promissory notes which are the basis of the suit, but after the original loans had been advanced to the respondent, one Rai Krishnaji was appointed as arbitrator without intervention of the Court to partition the joint family property between the three brothers. The arbitrator gave his award on 21-12-1933 and the Court was moved to make this award the rule of the Courts During the proceedings in Court a statement was made by all the parties that they would abide by the order of the Presiding Officer, viz. , Sri Ratan Lal, Civil judge, who was authorised as arbitrator to make the partition. Sri Ratan Lal, Civil Judge, gave his decision on 29-4-1937, and passed a decree in terms of his decision. By this decree the renewed promissory notes in suit which had already come into existence during the partition proceedings fell to the share of Rai Ram Kishore, On 14-5-1937, the counsel for Rai Amar Nath filed these promissory notes in Court with an application that they may be delivered to Rai Ram kishore in whose share they had fallen and making further request that all other property may be given in possession of the parties to whom it had been allotted by the decree. At the time whom these promissory notes were filed in Court Sri A. N. Sinha, counsel for Rai Amar Nath, put his initials on the back of all these promissory notes. The promissory notes were taken back from the court by Rai Ram Kishore and he then instituted this suit for recovery of the money due under them. The suit was contested by the respondent on various grounds of which only one need be mentioned here as that is the only ground with which this Bench is concerned. It was pleaded by the respondent that Rai Ram Kishore plaintiff in the suit was not the holder of any of these promissory notes and consequently he had no right to institute a suit which was not maintainable. The other points of contest between the parties were also decided by the trial Court though the suit was dismissed on a decision of this point against the plaintiff. It was held that the suit at the instance of the plain, tiff was not maintainable. In appeal the lower appellate Court considered this question of law only, and since it held that the suit was not maintainable it dismissed the appeal and confirmed the decree of the trial Court. Other points of contest which were decided by the trial Court were not considered by the lower appellate Court as they did not arise when the suit was dismissed on the decision of this question against tbe plaintiff. Both the lower Courts held that Rai Ram Kishore was not the holder of the promissory notes and consequently he had no right to institute a suit for recovery of money on their basis. The only point that falls for