Wanchoo, C. J.—These are two connected appeals from the same judgment of the District Judge, Jodhpur, in a suit for money. Appeal No. 38 has been filed by Maharaja Ran Bahadur Singh against Rao Raja Hanuwant Singh, while appeal No. 45 is a cross-appeal by Rao Raja Hanuwant Singh against Maharaja Ran Bahadur Singh. We shall deal with them together as they arise from the same judgment.

2. The suit, out of which these appeals have arisen, was filed by Rao Raja Hanuwant Singh against Maharaja Ran Bahadur Singh, and his brother Maharaja Laxman Singh. The case of the plaintiff was that there were money dealings between him and Maharaja Bijai Singh, father of the defendants. On the 30th of September, 1945, Maharaja Bijai Singh, after checking the accounts, struck a balance amounting to Rs. 41,188/3/7 and 6 mohars as due to the plaintiff, and made an entry in his own hand to the effect and signed the plaintiffs bahee. Interest was settled at 6%. This suit was brought for principal and interest plus the price of 6 mohars, amounting in all to Rs. 56,601/14/6. By the time the suit was brought Maharaja Bijai Singh was dead, and therefore his sons were sued on the basis of the account stated, an

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