PRADEEP NANDRAJOG, J.

( 1 ) FIRST petitioner is a partnership firm duly registered with the registrar of Firms. Second petitioner is one of its registered partner. Petitioners had filed a suit for recovery against the respondents who are the wife and son respectively of late Shri O. S. Khosla.

( 2 ) I would be referring to the parties as plaintiffs and defendants respectively.

( 3 ) A recovery suit was filed by the plaintiffs alleging that the defendants have inherited the estate of late Shri O. S. Khosla who took a loan in sum of Rs. 25,000/- from the first plaintiff. Acknowledging the loan and agreeing to repay the same within 1 year together with interest @24% per annum, a writing was stated to have been executed by late Shri O. S. Khosla which reads as under:-

"i, O. S. Khosla s/o Late Shri V. N. Khosla r/o B-11/8262, Vasant Kunj, New Delhi hereby acknowledge that I have received a loan amount of Rs. 25000/- from M/s. Packing Paper Sales, 2483, Chhipiwara Kalan, Chawri Bazar, Delhi-110006 through its partner Shri G. K. Jain through cheque bearing No. 105229 drawn upon Allahabad bank, Hauz Qazi Branch, Delhi-110 006. I promise to pay back the loan amount to Shri G. K. Jain, p