MODI, J. :- This is a first appeal by defendants Ramanlal and Murlidhar against a judgment and decree of the Civil Judge, Churu, dated 22-9-1951, in suit for money.

2. The plaintiff Ramgopals case as set out in ness as a money-lender in Moulmein (Burma) in the name of Bilas Rai Ramgopal and that the defendants who were brothers also did business there and used to borrow money from him from time to time. It was alleged by the plaintiff that he left Burma on 11-12-1941, as a result of the Second World War having broken cut there, and that on 6-12-1941 a, sum of Rs. 21,142/7/- remained outstanding against the defendants, and on 10-12-1941, further sums of Rs. 581/4/- and Rs. 2000/- were debited against the defendants so that in all Rs. 23,723/11/- became due from them. To this the plaintiff added a sum of Rs. 3947-5-3 as interest at the rate of 14 annas per cent. per mensem from 6-12-1941, up to the date of the suit thus bringing the total to Rs. 27,671/0/3.

It was admitted that the defendants had paid back sums amounting to Rs. 21,000/-. The plaintiff, therefore, brought a suit for the recovery of Rs. 6,671/0/3 with pending and future interest. The defendants resisted the suit