MODI, J.—This is a first appeal by defendant Ramdayal in a suit for recovery of money.

2. The plaintiffs case was that there were money dealings between him and the defendant, and the latter went into accounts and struck a balance of Rs. 3,000/- in plaintiffs favour on Posh Sudi 9, Svt. 2005 in his Khata Bahi and signed the entry. Thereafter, on Posh Sudi 13, Svt. 2005, the defendant took a further loan of Rs. 7,000/- from the plaintiff in lieu of which also he signed an entry in the plaintiffs Khata Bahi. The plaintiff further alleged that the defendant had agreed to give interest at the rate of 9% per annum. As the defendant had paid nothing towards the debt, the plaintiff instituted this suit on 13th June, 1949, for the recovery of Rs. 10,000/- principal and Rs. 392/- by way of interest, total Rs. 10,392/-.

3. The defendant admitted having executed the Khatas relied on by the plaintiff but resisted the suit on the ground that he had executed two Muddati Hundies for the sum of Rs. 10,000/- in favour of the plaintiff on Baisakh Sudi 14, Svt. 2006, and there by completely discharged the debt due from him to the plaintiff. The defendant also contended that as the old contract between

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