( 1 ) A short but interesting question which is raised in this appeal is with regard to the effect and interpretation of the provisions of Order 23, Rule 1 of the code of Civil Procedure, 1908 (code for short) on a subsequent suit for recovery of amount advanced.

( 2 ) THE appellant who is the original plaintiff had instituted Summary suit No. 1556 of 1973 against the respondent- original defendant for recovery of an amount of Rs. 8,750/- in the City Civil court at Ahmedabad. The plaintiff inter alia contended that he is the sole proprietor of business run in the name of m/s Hiramal Udhemal at Haripura, asarwa, Ahmedabad. It is his case that as he was friendly with the defendant, he had given him short term loans on account of his stringent financial difficulties. On various occasions, the defendant went on taking loans from the plaintiff and he also made part payments. As per the case of the plaintiff, the defendant had taken the total amount of rs. 38,000/- between the period from november 1970 and April 1972. The defendant had paid an amount of Rs. 31,000/ -. It is also the case of the plaintiff that the defendant had given two cheques drawn on Dena Bank for Rs.