SARJOO PROSAD, C. J.—This appeal is directed against the judgment of Modi J. dated 1st December, 1958.

2. It arises out of a suit for recovery of a sum of money instituted by the plaintiff res-pondent in this appeal. The parties belong to the Porwal caste and they happen to be relations inasmuch as the plaintiffs daughter is married to the brother of the defendant Hazarimal. It is the common case of both the parties that Hazarimal had been out-casted by his caste-men, which is known as the Porwal Sangh, some six years ago. Hazarimal was, therefore, anxious to be restored to his caste and to have the ban removed. He accordingly collected the Pan-chas who came from 48 different villages and consisted of nearly 150 persons, at Umaidpur for the purpose of having a meeting of the Panchayat in order to remove the ban which had been imposed upon him. This was in the month Migsar Vadi 14, Svt. 2008, which corresponds to 17th November, 1952 (and not 11th November, 1952, as noted in the judgment of Modi J.). The case of the plaintiff is that after a discussion for about three days, the members of the Panchayat agreed to remove the ban and to restore the defendant to the Porwal caste, on condi

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