Jagat Narayan, J.—These are connected cases arising out of the suit for recovery of money on the basis of a mutual open and current account instituted by Indermal against Jandas and others.

2. It is not disputed that there were dealings between the parties in Smt. 2009 and there was a mutual open and current account between them. The case of the plaintiffs was that this account remained open and current till Kartik Sudi 2, Smt. 2012 corresponding to 16.11.1955 when the parties met and went into the accounts in part. The accounts were however not fully settled on that day. The defendants promised to settle them by Mugser Sudi 15, Smt. 2012 corresponding to 29.12.1955 and executed a writing (Ex.5), the material portion of which runs as follows—

vijap vkids gekjs tks :i;k nsuk gS lks fexlj lqn 15 ifgyh vkidks fglkc feyk dj ds jde ckdh jglh lks ckdh fudky ns lwaA

The present suit was instituted on 2.1.59 on the re-opening of the courts after Christmas holidays.

3. The defendants contested the suit inter alia on the ground that all the dealings between the parties took place in Smt. 2009 and that the account ceased to remain open and current thereafter and the suit which was instituted on 2

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