JUDGMENT

1. This appeal arises out of a suit to recover a sum of Rs. 1,300 (together with interest thereon) deposited by the plaintiffs with the defendants under the following circumstances

2. The plaintiffs and certain other persons had a business in cloth, and their firm used to take cloth from the defendants' firm. The plaintiffs' business failed, and it was in debt to the defendants to the extent of Rs. 8,000, for which an instalment bond was executed by the plaintiff and his co-partners in favour of the defendants. As the plaintiffs were wealthy, and as the defendants could realize the debt due to them from the plaintiffs alone, the co-partners of the plaintiffs did not interest themselves in the discharge of the debt. The plaintiffs realised some of the debts due to their firm and paid Rs. 3,665 towards the instalment bond, and the balance remained due to the defendants.

3. The plaintiffs' case is that they deposited Rs. 1,800 with the defendants on the understanding that the amount would be refunded to the plaintiffs if the defendants succeeded in realizing the debt from the plaintiffs' co-sharers, the plaintiffs undertaking to help the defendants in realizing the whole debt fr