MODI, J.—This is a civil regular first appeal by the defendant Mangal Singh in a suit for recovery of money which has been partly decreed by the District Judge, Jaipur City, by his judgment dated the 23rd December, 1957, for a sum of Rs. 6613/7/3. The appellant having died during the pendency of the appeal in this Court is now represented by his son Bhupendra Singh.

2. The facts in so far as they are relevant for the decision of this appeal lie within a narrow compass. It is admitted before us that there were money dealings between the defendant Mangal Singhs father Baney Singh who was a jagirdar of Thikana Barnala in the former State of Jaipur and the plaintiffs father Bhur Singh commencing from 1933. On the 10th of July, 1942, Baney Singh went into accounts with Bhur Singh and found that a sum of Rs. 7540/14/6 was due by him to the latter and signed the Khata Ex. 21 in lieu thereof. It is further common ground between the parties that Baney Singh died some time in the early part of 1943 as a result of which his Jagir was placed under the management of the Court of Wards of the Jaipur State. In pursuance of a notification issued by the Court of Wards under sec. 18 of the Jaipur Cou

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