JUDGMENT:- This is a second appeal arising out of a suit wherein the plaintiff claimed a money decree against the defendant on the ground that the former had lent certain amount to the latter. To be specific, the plaintiff claimed a decree for Rs. 5478 with pendente lite and future interest as costs. The defendant contested the suit and denied the factum of loan or that anything was due from him to the plaintiff. The plaintiff gave a list of witnesses whom he proposed to examine at the trial and one such proposed witness was Pt. Satya Narain Misra. The plaintiff examined himself and thereafter a joint application (paper No. 33C) was moved on behalf of both the parties praying that Pt. Satya Narain Misra be appointed as a referee under S. 20 of the Evidence Act. Both the parties jointly stated in the said application that whatever would be stated by the said sole referee, either in person before the court or by a statement in writing to be submitted by him to the court, would be treated as sole evidence of both the parties and both the parties would be bound by the same. It was further stated that neither of the two parties would tender any other evidence in the suit. Lastly, it was

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