B. P. BERI, J.

( 1 ) THIS is a plaintiffs second appeal directed against the judgment and decree of the District Judge, Ganganagar dated 19th March, 1958 who has set aside the money decree, of the trial Court against one of the defendants.

( 2 ) A Joint Hindu family firm of the name and style of Asaram Kedarmal instituted a suit in the Court of the Civil Judge, Suratgarh for the recovery of a sum of Rs. 6,400/8/6 as principal and Rs. 2,657/7/6 as interest against Harisingh Sikh and Lt. Col. Harisingh To avoid confusion I shall be referring in this judgment one as harisingh and the other as the Lt. Col. The plaintiff started money dealings with harisingh who was a tenant of the Lt. Col. The latter undertook the responsibility of paying if any of the dues of Harisingh remained unpaid. The transactions between the plaintiff and Harisingh were settled and cleared off and Harisingh executed an entry in the account book of the plaintiff for having received a sum of rs. 7500/- in cash on 18-12-1953. The Lt. Col. signed this entry stating that he was responsible for the repayment of this amount of money. Other items consisting of the sum of Rs. 175/- and Rs. 21/- which remained d