1. The Plaintiffs sue to recover two sums of Rs. 5000 and Rs. 34,000 with interest from the Defendants. The Defendants are a partnership firm of which at all material times the partners were according to the Plaintiffs Jamnadas, Lavji, Abbasbhai and Vyas.

It is the Plaintiffs case that on 16-6-1948 the plaintiffs lent and advanced to the Defendants for the purposes of their business a loan of Rs. 10,000/-at interest. As collateral security for repayment of that loan Jamnadas, who had approached the Plaintiffs for the loan, delivered to the Plaintiffs a postdated cheque for Rs. 10,000/-. That cheque which was post-dated 19-6-1949 was drawn on behalf of the Defendants by Jamnadas and made out in favour of the Plaintiffs.

The cheque was presented by the Plaintiffs on 20-3-1949 for payment and again on 22-6-1949 but it was dishonoured. The memo of the Bank showed the remarks : "not arranged for". The Plaintiffs intimated about the dishonour of the cheque to all the partners of the Defendants and called upon them to pay the Plaintiffs that amount.

A sum of Rs. 5000/- was paid by the Defendants to the Plaintiffs in part payment on 12-7-1949 and the balance of Rs. 5000/- is the subje