(1.) This is an appeal by one set of defendants as against the plaintiff and the second set of defendants and arises out of a suit for the recovery of money brought in the following circumstances.
(2.) The plaintiff s father used to deposit sums of money on interest with the firm of Baij Nath Ram Nath until his death in August, 1897. He left him surviving his widow and the plaintiff his son, who was then a minor, and who at the date of the present suit in 1912 was about 19 1/2 years old. Payments of various sums on account were made by the firm to the plaintiff s mother from time to time up to the year 1905.
(3.) In this year the firm of Baij Nath Ram Nath, which was a joint family concern, split up into two firms, owing to a separation of the family. These two now firms were Baij Nath Juggi Lal, represented by the present appellants, and Baldeo Das Kedar Nath, represented by the second set of defendants respondents.