Judgment

RAGHUBAR DAYAL, J. : Bilas Rai Bohra, son of Bansidhar Bohra and Shri Ram Bohra, son of Ganpat Ram Bohra, sued the Union of India for the recovery of Rs. 13,448 from the defendant for compensation on account of loss and damage suffered by the plaintiffs owing to non-delivery of 11 bales of cloth which had been consigned on October 20, 1948 by M/s. Ram Kishun Das Sagarmal of Bombay to the plaintiffs under the description of M/s. Banshidhar Ganpat Rai. It was alleged in para 1 of the plaint that the plaintiffs carried on business in cloth and other articles in the name and style of M/s. Bansidhar Ganpat Rai which was their joint family trading firm governed by the Mitakshara School of Hindu Law of which joint family the plaintiffs were the kartas and representatives and that they sued as such. This statement in para 1 of the plaint was not admitted in the written statement. The trial Court decreed the suit on August 29, 1951. The decree, inter alia, said :

"It is ordered that the suit be decreed with costs (and?) defendants do pay to the plaintiffs the sum of Rs. 13,448 with interest thereon...."

2. The Union of India appealed to the High Court of Patna and prayed for the setti