NAIN J.-This is an appeal by the original plaintiffs against the judgment dated October 22, 1962 of the learned Civil Judge, S. D , Sholapur, dismissing the plaintiffs suit for recovery of Rs. 33,909.94.

2. The plaintiffs instituted the suit for recovery of the said amount, interest and costs The plaintiffs area partnership firm and it has been proved that they were registered tinder the Indian Partnership Act, 1932. Defendants No. 1 are also a partnership firm. Defendant No- 2 is an admitted partner in the said firm. He is the person who executed the agreement, Exh. 42, which is the subject-matter of this litigation Defendants No, 3, 4 and 5 have denied that they were partners in the fit m of defendants No 1 at the time of the accrual of the cause of action.

3. The agreement, Exh. 42, which is the subject-matter of this litigation was executed on October 25, 1957. Thereby the plaintiffs advanced to defendants No. 1 a sum of Rs. 58,000. Defendants No. I contracted to sell to the plaintiffs 48,000 bundles of bidis at Rs 2-12-0 per bundle. The price of these 48,000 bundles worked out at the agreed rate to Rs. 1,32,000. The bidis were to be supplied within a period of five y