1. In order to appreciate the points raised in this appeal, it is better to narrate some of the salient events preceding the institution o£ the present suit. One Haro Lal Saha Roy of Calcutta died leaving behind His widow Sarla Sundari Roy and three sons, Hemendra Lal Roy, Jitendra Lal Roy and Nripendra Lal Roy (present defendants 1 to 3 hereinafter referred to as Roy brothers). Haro Lal Saha Roy left, amongst other properties, a house at Giridih known as Bishram Kutir. The Roys had ancestral family business known and styled as Firm Lalji Mohan Haro Lal Saha Roy. After the death of their father Roy brothers started at 34 Sobhabazar Street, Calcutta, a firm styled as Messrs. Lalji, and Co. (defendant 4). On 14-1-1928, Messrs. Lalji and Co. applied to the Government of Bihar for grant of licence to supply electric energy at Giridih and Pachamba. Thereafter followed some correspondence between the Secretary to the Government of Bihar on the one hand and Messrs. Lalji and Co. on the other in which at the enquiry of the Government of Bihar as to how the latter proposed to run the undertaking Roy brothers replied that they intended to float a limited liabiliity company the shares