MODI, J.—This is a first appeal by plaintiffs Roopkishore and others and has arisen in the following circumstances.

2. The plaintiffs instituted a suit against the defendant-respondent Jugraj for recovery of a sum of Rs. 5035.4.0 in the court of the District Judge, Jodhpur, which was eventually transferred to the court of the Civil Judge, Jodhpur. The suit was originally based on an acknowledgment. The learned Civil Judge dismissed the suit by his judgment dated 18th September, 1950. The plaintiffs went up in appeal to the District Judge, Jodhpur, who allowed the appeal and remanded the care to the trial court with a direction that they be allowed to amend their plaint within one month of the record reaching the trial court and that that court would then proceed to try the suit according to law. This happened on 27th September, 1951. It appears that the record reached the trial Judge on the 27th October, 1951, whereupon he passed an order the case be put up before him with the application for amendment when filed. It may be pointed out that the trial court did not give any notice to the parties of the record having reached that court. Thereafter, on 10th January, 1952, learned couns

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