( 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 fa