Wanchoo, C.J.—This is a first appeal by defedant Ramdayal. It came up before a Bench of this Court for hearing in August 1953, and two points were decided by judgment dated 7th August, 1953 (a) See 1954 R.L.W. 157 for previous decision and it was ordered that the appeal fixed for hearingh on the remaining points in due courts. It is therefore not necessary for us to recapitulate the case of the parties. The judgment, dated 7th August, 1953 (a) See 1954 R.L.W. 157 for previous decision may be considered part of this judgment which we are delivering today.

2. Briefly put the case of the plaintiff respondent was for recovery of a sum of Rs. 10,000/- from the defendant appellant. The suit was based on a balance of Rs. 3000/- which was said to be due to the plaintiff after settlement of accounts, and a sum of Rs. 7000/- which was further advanced in case. The main defence was that there had been a novation of contract, and therefore the plaintiff could not sue on the basis of the Khata Ex. P.1. This was the only issue which was framed in the trial court. When the case heard by this Court on the previous occasion, a further point was raised, namely, that the suit was premature. The questi

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