Judgment

RAY, J.:- This is an appeal by certificate from the judgment and decree dated 3 August, 1965 of the High Court of Allahabad decreeing the respondent s suit for the sum of Rupees 4,11,367.92.

2. The respondent filed the suit on 16 May, 1953 against the appellant for the recovery of Rupees 4,11,367.92 with interest and costs.

3. The respondent s case in short was that the respondent on 30 September, 1942 deposited a sum of Rupees 4,00,000 with M/s. India Supplies whereof the appellants were the partners on the condition that interest would be payable @ 7/9 per cent. per month and that the respondent would be entitled to withdraw the deposit on demand.

4. The suit was filed in the Court of the First Civil Judge, Kanpur. The evidence was concluded before the Civil Judge, Kanpur. Thereafter by an order dated 12 May, 1964 of the High Court at Allahabad the suit was transferred to the High Court in its original Civil jurisdiction. The High Court heard the suit and on 3 August,1965 decreed the suit in favour of the respondent.

5. At the trial the issues were first whether the respondent deposited the sum of Rupees 4,00,000 with the appellant and secondly whether the suit was barred by