JUDGMENT

Din Mohammad, J. - This appeal has arisen in the following circumstances: On 1st October 1936 a suit was instituted on behalf of Megh Raj as proprietor of the Firm Ganesha Mal Megh Raj, through L. Kundan Lal, against the Firm Raghbar Das Beni Parshad, through Beni Parshad. The claim was described in the following terms: "For recovery of Rs. 9815 principal and interest on the basis of bahi account and other oral and documentary evidence' of all sorts." In para. 1 of the plaint it was stated that the plaintiff firm was a joint Hindu family firm carrying on business in Ambala city. In para. 2 of the plaint it was said that the defendant firm borrowed money from the plaintiff firm on bahi account and promissory note on various occasions commencing from the year 1929. In para. 3 reference was made to a certain draft executed by the defendant in which he admitted his liability to the extent of Rs. 9000 to the plaintiff firm. This petition of plaint was signed by Kundan Lal, mentioned above as mukhtar khas (special attorney). The defendant firm put in a. written statement on 10th November 1936, in which, along with the pleas on facts, certain preliminary objections to the drafting