Bapna, J. —This is a second appeal by the defendant in a suit for recovery of money.

2. Respondent-Ghisalal instituted the present suit on 25th August, 1951, against the appellant Mahant Gopaldas on the allegation that the said Mahant Gopaldas borrowed Rs. 1475/- from the plaintiff on 15th September, 1948, for the purpose of providing bhog hharach for the temple of Shri Janki Ballabhji, of which the defendant was the Mahant, and promised to repay the same on the 14th of January, 1949, but as he failed to pay the same, the suit had to be Instituted for recovery of the principal amount Rs. 1475/ and interest, Rs. 285/2/-. total being Rs. 1733/2/-.

3. The defendant denied the execution of the Ruqqa or the taking of the loan, and pleaded that one Kandas was the Adhikari of the temple, who had been turned out and the Ruqqa had been fabricated with his assistance. The defendant specifically raised the issue how the defendant was personally sought to be liable when the purpose of the loan was stated to be the provision of bhog rag of the temple. The plaintiff made it clear through his advocate on more than one occasion that the suit was against the defendant in his personal capacity, and no

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