R.K.Choudhary, J.

1. In the suit, out of which the present appeal arises, the plaintiff appellant, the State of Bihar, claimed to recover a sum of Rs. 42,926-3-8 from the defendants as being partners of the firm Rum-ballabh Motilal dealing in foodgrains. According to the case of the plaintiff the said firm entered into various contracts for purchase of Government stocks of foodgrains etc., and had also supplied foodgrains to the Regional Grain Supply Officer, Gaya as purchasing agents on behalf of the said authority. In pursuance of the above contracts, the defendants purchased various quantities of foodgrains from the plaintiff on different dates the price of which had been realised in full except in respect of two items, namely, (1) the purchase of 10,500 maunds of rice under agreement dated 13-3-1945, and (2) the purchase at auction sale of 58,916 empty bags on 3-3-1945.

The total price of 10,500 maunds of rice amounted to Rs. 1,08,846-14-0, out of which a sum of Rs. 81,773-15-9 was paid by the defendants to the plaintiff, and the balance of Rs. 26,072-14-3 remained unpaid. The total price of 58916 empty bags amounted to Rs. 18,853-2-0, out of which Rs. 10,000.00 had bee