MODI, J.—This is a civil regular second appeal by the plaintiffs Nathmal and others against the judgment and decree of the District Judge, Pali, dated the 8th May, 1956, in a suit for recovery of purchase price and damages. The appellant Nathmal having died during the pendency of this appeal, his name was ordered to be struck off the record, and no appli-y cation for substitution was apparently made as his son Champalal and his grandson Bhanwar Lal stood already impleaded as appellants in the memorandum of appeal.

2. The material facts out of which this appeal arises may be briefly stated as follows. There were money dealings between the plaintiffs and defendants Nos. 1 and 2 Roopa and Chatra (and their father Mukna) and in connection with these the former had filed two suits being Nos. 384 of 1950 and 328 of 1950 for the recovery of Rs. 3730/- and Rs. 3200/-respectively in the court of the Civil Judge Sojat and had filed a third suit for the recovery of Rs. 500/- in the court of the Munsiff Sojat. The plaintiffs case was that on Sawan Vadi 13 Smt. 2003, all the suits were compromised (vide Ex. 1) for a total sum of Rs. 5000/- and in part payment thereof these defendants had inter a

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