Modi, J.—This is a civil regular second appeal by the plaintiff Mst. Bhanwari in suit for declaration which was decreed by the trial court but dismissed in appeal by the Civil Judge, Sojat, by his judgment and decree dated 28.1.1958.

2. The material facts leading up to this appeal are these: According to the plaintiff, the defendant Vijailal had pledged two gold Gokhroos weighing 13-1/2 Tolas to the plaintiff for Rs.600/- on Sawan Badi 7, Smt. 2007 corresponding to 25.6.1951 vide Ex.1. On 11.9.1952, the other defendant Daya Shanker made a report to the police as respects these Gokhroos alleging that Vijailal had mis-appropriated them as a result of which the latter was challaned. The police recovered the Gokhroos from the possession of the plaintiff and eventually they were put under the custody of the Court. We do not know from the present record as to what was the result of that criminal litigation. Thereafter on 17.4.1953 the plaintiff instituted the suit, out of which this appeal arises, against Vijailal and Daya Shanker for a declaration that he was entitled to retain possession of the Gokhroos in question till the loan advanced by her to Vijailal was repaid. On the footing tha

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