Choudhuri, J—This is an appeal filed by the Defendants' against the judgment dated 5-7-1949 passed by the Second Additional District Judge, Sagar, in Civil Appeal No. 19-B of 1947 arising out of Civil Suit No. 26-B of 1947 decided on 16-10-1947 of the Court of the Civil Judge, Class: II, Khurai.

2. The suit out of which this appeal arises; was brought by the Plaintiffs Munnalal and his sons Pannalal, Jamnaprasad, Gulabchand and Hemchand against the Defendants for the recovery of a sum of Rs. 1540/- primarily as compensation for fraud practiced by Defendant I and in the alternative for loans advanced on the pledge of ornaments. As against the claim-of the Plaintiffs, deft.1 made a counter-claim; for a sum of Rs. 960/- as a set off. The cause of action for the claim as well as the counterclaim was grounded on a contract of pledge of ornaments and loan advanced thereon.

3. A number of ornaments alleged to be of gold were pledged by Defendant 1 with Plaintiff 1 on different dates as security for advances made to Defendant 1. The aggregate sum of the loan was Rs. 813/- and carried interest at the rate of Rs. 9/- percent, per annum.

4. The case of the Plaintiffs was that the pledge