Dave, J.—This is a first appeal by the defendant Birbal against the judgment and decree of the Civil Judge, Ganganagar, dated 30th April, 1952.

2. The facts giving rise to it are that on the 1st March, 1950, two of the respondents viz. Thammansingh and Sherbahadur brought a money suit for Rs. 7,400/- on the basis of two bonds Ex. P-1 and Ex. P-2, in the court of the Civil Judge, Ganganagar. The other two respondents Thakursingh and Kartarsingh were impleaded as defendants. On the 20th March, 1950, respondents Nos. 3 and 4 pre-sented an application to be transposed as plaintiffs. That application was allowed by the Court and show they were transposed as plaintiffs. The only defendant then left was the present appellant Birbal. Birbalss reply in the trial court was that both the documents on which the suit based were not executed by him and that they were without any consideration. It was further pleaded that the rate of interest claimed by the plaintiffs was penal, that the suit suffered from the defect of multifariousness, that it was time-barred and therefore it should be dismissed. The trial court framed the following five issues:

(1) Whether the documents, Ex. P-l and P-2 sued upo

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