1. The suit was brought by the plaintiffs the members of S.R.M.A.R. firm against the defendants members of the M: P. M.R. firm for the recovery of Rs. 24,036-0-6 due to the plaintiffs on account of dealings between them. Both of them are money lenders. The Subordinate Judge has passed a decre in favour of the plaintiff. Against this decree the defendants 1, 3 & 4 appeal. The first objection taken is that on the facts set out in the plaint the suit is not maintainable. There is an allegation in the plaint that any amount payable by the defendants should be made good out of the money deposited by R. M, R. M. firm with the plaintiffs through and to the order of one Chokkalingam Chetti who was a member both of the defendants firm and that of said R. M.R. M. firm. As to this it is sufficient to say that no discharge is either allowed by the plaintiffs or by the defendants. An agreement that the debt due may be discharged in a certain manner does not shew that the plaintiffs waived any other remedy which they might have. The plaintiffs case is that he has not been able to realize the debt in accordance with the agreement. On the other hand Chokkalinga Chetty himself has fraudulen