JUDGMENT : The suit out of which this second appeal arises was instituted by the plaintiff Heeralal (who died during the pendency of this litigation and is now represented by the appellants, his heirs) for Rs. 500/- on account of compensation for failure to return a 500 bore gun alleged to have been lent by the plaintiff to the defendant's father Shri Sumersingh the then Maharaja of Thikana Indergarh. The plaintiff's case, in short was that sometime in 1941-42 he handed over a 500 bore gun belonging to him to Shri Sumer Singh for 'Shikar'. In the course of hunt a man was accidentally killed with the result that a criminal case was registered against Shri Sumersingh as well as his companions, who had accompanied him for the sport, and the plaintiffs gun was also confiscated by the Government of Madhya Pradesh in whose territory the accident had taken place. The gun was ultimately returned by the Government sometime in 1950 by which time Shri Sumer Singh had expired. His estate Thikana Indergarh was brought under the management of the Court of Wards as his son Shri Bhagwat Singh, the defendant was then a minor. It is stated that the Commissioner, Jagir, ordered return of the