( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree dated 19-3-1974 made by the Civil Judge, bellary in RA No. 9 of 1974 on his file, allowing the appeal on reversing the judg ment and decree dated 11-12-1973 passed by the Munsiff, Kudligi, in OS No. 28/70 on his file, decreeing the suit of the plaintiff.

( 2 ) THE plaintiff instituted a suit for recovery of Rs. 1,090 25 P. along with interest at 12% per annum. The plaintiff described himself as a joint family firm. Subsequently, however, by an amendment, the plaintiff was changed as a partnership act and the trial Court decreed the suit holding that the suit even after the amendment was not barred by time. The defendant took up the matter in appeal and the learned Civil Judge raised the following points as arising for his consideration in the appeal : (1) Whether the entries made in the day Book Ex. P 2 as in Exs. P 2 (a) and (b) are genuine ? (2) Whether the defendant is liable to pay the past interest at 12% per annum ? (3) Whether S. 21 of the Limitation act is applicable to the case after the amendment of the plaint on 21 11-1973 ? (4) What order ?

( 3 ) THE learned Civil Judge, reas