Hegde, J. - (1.) This is an appeal by certificate under Article 133(1)(a) of the Constitution. The suit from which this appeal arises was brought on the foot of a promissory note executed by deceased. "Rs. 25,000/-. R. A. Krishnan and G. R. Harihara Iyer (10th defendant in the suit). But in the suit decree was claimed against defendants Nos. 1 to 10 personally against their assets and against the business assets of the deceased Veeraraghava Iyer. A decree against the assets of deceased R. A. Krishnan in the hands of defendants 1 to 9 was also claimed.
(2.) The defendants resisted the suit on various grounds. The trial Court dismissed the suit but the High Court in appeal decreed the suit against the assets of R. A. Krishnan in the hands of his heirs and against the 10th defendant personally. Not being satisfied with that decree, the appellant has brought this appeal. The suit promissory note reads: "Rs. 25,000/- On demand we promise to pay THE ALATHUR BANK or order the sum of Rupees Twenty five Thousand only with interest at nine per cent per annum from the date hereof until payment in full, for value received in cash. R. A. Krishnan (Sd) 28-4-1950. Burmah Shell Agent, Trivandrum (son of Mr. A. Ramaswami Iyer) 4 one anna revenue stamps affixed and signed on it. G. R. Harihara Iyer (Sd) 28-4-1950 (son of G. M. Ramakrishna Iyer) Stanes Agent, Trivandrum."
(3.) From the promissory note its appears that it was debt borrowed by the two executants. But the plaintiff's case (supra) is that the debt was borrowed to finance the business left by Veeraraghava Iyer grand-father of R. A. Krishnan. The said Veeraraghava Iyer died on August 5, 1937, leaving behind him his widow, a daughter (1st defendant) and her children. He had also left behind him a son but he was a congenital idiot. After the death of Veeraraghava Iyer the business which he was carrying on devolved on his widow. The widow died on January 19, 1945. The first defendant succeeded to that estate. She died during the pendency of this appeal.;