Wanchoo, C. J.—This is a second appeal by Seth Manak Lalji against the decree of Shri Raj Sabha, Raj Devgarh, Pratabgarh.

2. Only one point has been urged on behalf of the appellant, viz., that the suit was not entertainable as the document on which it was based was a mere acknowledgment and not an account stated as alleged on behalf of the respondent. This depends upon a consideration of the document in question and the circumstances in which it came into existence.

3. The facts, which appear on the record as to the making of this document, are these. There was lenden between the parties. It appears that on Phalgun Sud 7, Svt. 1997, Manak Lal went to the shop of the respondent in Pratapgarh with his account books, and settled accounts with the Munim of the respondent. It may be mentioned that the respondent must have been a minor at that time, because he gave his age as 20 years in December, 1944. After the accounts had been understood, the appellant handed over the document which is the basis of this suit. The terms of that document have been given in detail by the lower appellate court. The document shows an opening balance in Smt. 1995. Then it shows a payment of Rs. 25/-through

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