JUDGMENT

1. The suit out of which this appeal has arisen was brought to recover a sum of Rs. 17,000 odd, the defendants in the case being Babu lal and Kishun Gopal, sons of Kedar Nath. These defendants apparently are the owners of the firm called "Babu Lal and Kedar Nath," carrying on business at Cawnpore. The firm has become insolvent and the estate of the defendants is now represented by the Official Receiver.

2. The plaintiffs in the suit are the descendants of one Bhawani Shanker who died on the 12th of February 1912. This man, Bhawani Shanker, owned a business at Farrukhabad which was carried on in the name of Mahanand Ram Bhawani Shanker.

3. On the 27th or 28th of December 1911 Bhawani Shanker sent certain hundis to the defendant firm at Cawnpore for realisation and credit to his account.

4. It is stated that the directions to the defendant firm were that the money should be treated as a fixed deposit payable six months after date.

5. On the 8th of February 1912 Bhawani Shanker wrote a letter to the defendant firm with respect to this deposit. He directed the defendants to open a fresh account in his name and to credit him with a sum of Rs. 12,000, and in his letter he stated that