NIGAM, J. :-The plaintiff Daulatram Ruchiram Chablani filed suit No. 19 of 1951 in the Court of Civil Judge, Malihabad, Lucknow on 13th February, 1951 against Nawin Chandra Paul Misra claiming a decree for Rs. 12,170. An amendment of the plaint was allowed by the trial Court on 26-10-1951.

2. The plaintiff alleges (in his amended plaint) that in the first week of January 1947 the defendant began borrowing money from the plaintiff. On 1st April, 1950 all advances were added up and after taking more cash the defendant executed a pronote and a receipt for Rs. 11,280 promising to pay the amount with interest at 9 per cent. The plaintiff gave details of the sums advanced. One item was a sum of Rs. 7,000 paid in cash in the first week of January 1947. The plaintiff further pleaded that if the pronote was not admissible in evidence, the plaintiff was entitled to a decree on the basis of the original advances which had been acknowledged four times as mentioned in the plaint, on one occasion by the receipt dated 1-4-1948. The plaintiff claimed a decree for this sum of Rs. 11,280 principal amount advanced and Rs. 890 interest accrued. The cause of action was stated to have accrued on