S.C.Prasad, J.

1. These two appeals have been heard together.

2. They are against the same judgment of the Additional Subordinate Judge of Darbhanga. The plaintiffs are the appellants in First Appeal No. 307 of 1951 and defendants 8 and 9, being the defendants 3rd and 4th parties respectively, are the appellants in First Appeal No. 254 of 1951. They are the Governments of India and Bihar in their Departments of Food.

3. The plaintiffs were partners as per deed of partnership dated the 13th July, 1958, and carried on business in partnership under the name and style of Manturam Jamunadhar at Jaynagar in the district of Darbhanga and at Jalalgarh in the district of Purnea as well as under the name and style of Dhurmall Mangturam at Bhaptiahi. The firms are registered ones and their head office was at Jaynagar of which Bhaptiahi and Jalalgarh business were branches, and under the firm Dhurmall Mangturam" at Bhaptiahi the plaintiffs had a rice mill known as Shree Hanuman Rice Mill, which had started to function from the 23rd April, 1944.

4. Defendant No. 1 has been described in the plaint as Agent to the Government of India. Defendant No. 2 was the Regional Grain Supply Officer