Mudholkar, J—This is a deft's. appeal from a decree for money.

2. Admittedly the respondent, who is a pleader of Raipur, worked for the applt. as his lawyer in a number of civil, criminal & revenue cases. According to the respondent, the fees in respect of every case were settled prior to his appearance & it was also agreed that if they were not paid they would be credited to his account in the appellant's account, books. The respondent admitted having received from time to time a sum of Rs. 817/12/9 which he said he appropriated towards fees due in respect of cases finished between 17-3-1934 & 5-10-1936. He alleged that a sum of Rs. 1173/3/3 was due to him but as the claim for a sum of Rs. 28/- has become barred by time he gave it up. A schedule giving the various items claimed was filed along with the plaint.

3. While the appellant admitted that the respondent was engaged by him as his lawyer in several cases, he denied that fees were settled in every case & also denied the schedule filed by him. According to him, the respondent had agreed to accept any fees which he was prepared to pay. The respondent had appropriated the payments made by the appellant towards time-barred