Judgment

B. K. MUKHERJEA, J. : This appeal is on behalf of the plaintiffs and has come before us on a certificate granted by the High Court of Rajasthan, under Article 132(1) of the Constitution, on the ground that the case involves a substantial question of law as to the interpretation of the Constitution. The appellant has also put in a position praying for leave to urge other grounds on the merits of the case.

2. The suit, out of which this appeal arises, was brought by the appellants, as plaintiffs, on the 16th August 1946 in the District Court I at Jodhpur in Rajasthan against the defendant respondent, claiming to recover from the latter of sum of Rs. 10,342 annas odd together with interest and costs. The plaintiffs, at all material times, carried on the business of commission agents both at Indore and Jodhpur under the name and style of Kanmal Kishenmal and Kannal Surajmal respectively and their case is that between September and December 1945 the defendant entered into several forward contracts for the purchase and sale of bullion through the plaintiffs firm at Indore. These transactions proved unprofitable to the defendant and except a small profit of Rs. 103 annas odd w