JUDGMENT

N. L. UNTWALIA, J.:— This is a defendants appeal by certificate. It arises out of a suit filed by the plaintiff-respondent in the Court of the Civil Judge, Belgaum in the State of Karnataka for recovery of Rs. 90,000/- the balance of the price of 630 bags of tobacco supplied by it to the defendants. The suit was decreed by the trial Court and finally the decree has been affirmed by the Karnataka High Court.

2. The plaintiff is a Registered Partnership firm carrying on business at Nipani, District Belgaum. Defendant No. 1 is the father of defendants 2 to 4. They also carry on a partnership business under the same and style of Haji Mohammed Isaq Mohammed Gulam Saheb. They manufacture Bidi in their factory known as the Modrn Bidi factory and have their Head Office in Katni in the State of Madhya Pradesh. The case of the plaintiff in the plaint was a simple one. It despatched by Railway 630 bags of tobacco between the 11th and 21st January, 1952 from Nipani to Katni,. The consignor in all the Railway Receipts except one was on Shri G. K. Manavi and in one Railway Receipt of 129 bags the consignor was the plaintiff firm. The consignees were self. The Railway Receipts were endors