BERI, J.—Against the judgment and decree of the District Judge, Ganganagar, dated the 22nd August, 1958, who had affirmed the judgment and decree of the Civil Judge, Ganganagar, dismissing the suit for recovery of Rs. 4,300/-, a second appeal by the plaintiff was preferred to this Court and it came for hearing before Bhargava J., in whose opinion the appeal involved certain questions of law on which there is a divergence of judicial opinion and therefore the same has been referred to this Division Bench for decision.

2. The facts relevant for the decision of this second appeal may be briefly recalled. On 17th February, 1950, the plaintiff alleges, Ganpat, the father of the respondents, before us, borrowed a sum of Rs. 2,600/- and executed a Khata in the plaintiffs book of account bearing interest at the rate of Rs. 1 /9/- per cent per month. Ganpat again borrowed a sum of Rs. 100/- on 10th April, 1951. The plaintiff admits that certain payments were made toward the cash transactions and on 12th September, 1951, Ganpat after going through the accounts acknowledged his liability in the sum of Rs. 3,360/r, and in token thereof affixed his thumb mark in the plaintiffs book of account. A

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