B.P.GRIYAGHEY, J.

1. This is an appeal against the judgment of 5th Additional Subordinate Judge, Darbhanga, decreeing the suit of the plaintiffs, which was a suit for recovery of Rs. 32,215/- being the principal with interest thereon on the basis of a pro note (Ext.1) which was described as a document of acknowledgment with respect to certain past dues which after accounting and adjustment was found to have been Rs. 27,000.00 which was promised by that document to be paid with interest at the rate of 12 annas per cent per month.

2. The suit was originally brought by one Jagdish Prasad Mehra, who died during the pendency of this suit, and the present respondents were substituted in place of the original plaintiff. The case of the original plaintiff was that he had transactions with the defendant (the present appellant) and that on 2-4-1967 there was an accounting made of the transactions between the parties and Rs. 27,000.00 was found due on that date for which the defendant executed the document Ext.1), which was described as a document of acknowledgment. There was, however, a promise to pay the amount as soon as possible with interest at the rate of 12 annas per cent per m