Falshaw, J.

1. This is an appeal by a joint Hindu family firm Des Raj-Prem Chand of Kaithal against a decree for Rs. 5288/- passed by the Subordinate Judge of Kaithal in favour of another firm of the same place which described itself in the plaint as the registered firm Hira Lal-Kali Ram alias Krishna Dehati Store.

2. The plaintiffs case was that on the 22nd of October 1945, when the defendant firm had to deposit a sum of Rs. 8500/- with the cloth Association at Kaithal in connection with its quota of cloth the defendant firm had only Rs. 3500/- available and so borrowed Rs. 5000/-from the plaintiff firm. The sum of Rs. 8500/-was then deposited with the Cloth Association through its munim Ram Sarup P. W. 2 on the same day. No acknowledgment of the debt was taken from the defendant firm and the main evidence of the plaintiff firm consisted of en-tries in its own account books. It was alleged that several oral demands were made from the defendant firm for the repayment of the amount, but as these were refused, the present suit was instituted on the 22nd July 1946, admittedly with-out any written notice of demand having been sent to the defendant firm. The defence was a flat d