1. - Heard.

2. Facts are not in dispute that the plaintiff-appellants had sanctioned a term loan of Rs. 75,000/- in favour of respondent No. 1 on 7.9.1981. An amount of Rs. 95,489.96 was given by the plaintiff. Bank by means of a pay order dated 7.9.1981 which included the margin money deposited with the plaintiff. It is also not in dispute that the plaintiff-appellant filed a suit No. 173 of 1986 against the respondents for recovery of Rs. 42,106.66 being the amount due in the term loan account of respondent No. 1 as on 1.7.1984. During the pendency of Civil Suit No. 173 of 1986, respondent No. 1 made various payments to the plaintiff Bank as have been detailed in the memorandum of appeal by the appellant. From 31.10.1984 to 9.9.1987, respondent No. 1 paid a total amount of Rs. 42,121.66 to the plaintiff Bank and the same were accepted by the latter. An amount of Rs. 15/- was deducted on account of commission on 21.11.1984. Thus the entire amount claimed in the suit with respect to the said term loan stood repaid by the respondent No. 1 before the suit was decided by the Additional District Judge No. 1, Jodhpur on 14.12.1987.

3. This appeal has been filed by the plaintiff B