This appeal is directed against the judgment and decree of the Additional District Judge, Gorakhpur dated May 31, 1973.

2. The suit giving rise to this appeal was instituted on Sept. 17, 1968 by the respondent for the recovery of a sum of Rs. 12,500/- only with the allegations that on Sept. 18,1965 the plaintiff advanced loan of Rs. 11020/-only to the defendants who agreed to repay the same with interest. On the same day the defendants 1 and 3 executed a promissory note and the accompanying receipt evidencing the loan in favour of the plaintiff. The defendant No. 2 was also a member of the joint Hindu family but he could not sign the promissory note or the receipt. The amount accrued due is thus stated to be Rs. 12,500/- including interest. In defence, it was denied that the plaintiff had advanced loan of Rs. 11020/- on Sept. 18, 1965 as alleged by him or that the defendants agreed to pay interest on any such loan. The parties, it was averred, had been doing business in partnership. The defendants Nos. 1 and 3 were induced to execute a promissory note and receipt in favour of the plaintiff in connection with the accounts of the partnership. The defendant No. 2 was not a party to th

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