( 1 ) THIS is a first appeal by the original defendants Nos. 1 to against the judgment and decree of the Civil Judge Senior Division Broach in Special Jurisdiction Suit No. 11 of 1955. The respondent Chhotubhai who was the original plaintiff had filed the suit to recover Rs. 52 720 with costs and running interest at 6 per cent from defendant No. 1 personally and from the joint Hindu family properties and other properties of defendants Nos. 2 to 5. The defendants Nos. 2 to 4 are the sons of defendant No. 1 and defendant No. 5 is the wife of defendant No. 1 It was alleged in the plaint that defendant No. 1 as manager of the joint Hindu family of the defendants had appointed the plaintiff as Paka Adatia for the purpose of making purchases of timber for defendant No. 1 and sending the same to him. It was also alleged that in respect of these transactions there was a settlement of accounts between the plaintiff and defendant No. 1 on 16-3-1952 when it was agreed that the balance due to the plaintiff was Rs. 54 891 It was also alleged that there was a settlement of accounts also on 25-12-1952 when it was agreed that an amount of Rs. 53 891 was due to the plaintiff. Accordin