Ramratna Singh, J.

1. This appeal arises out of a suit for realisation of Rs. 11,396/2/6 as the price of the mica supplied to Mahabir and Company, defendants No. 3, a private unregistered firm, besides interest and some miscellaneous expenditure. The principal plaintiff is a registered firm known as New India Traders of Jhumriteleiya near Koderma, and Mahabir and Company is situated at Giridih. The plaintiffs 1 and 2 are described as managing partners of New India Traders. The suit was instituted on the 2nd April, 1954 and defendants 4 to 6, who are also partners of the plaintiff firm, were impleaded as pro forma defendants on account of a petition for amendment of the plaint filed on the 12th May, 1955, in view of the defence that they were necessary parties to the suit. Defendants 1 and 2 are connected with Mahabir and Company because, Chiman Lal, (defendant No. 2) is the father of Mahabir Prasad Agarwala, (defendant No. 1) by whose name the firm Mahabir and Company is known. Defendant No. 2, Chiman Lal, filed a written statement on the 4th November, 1954 and Shib Shankar Agarwala filed another written statement on the 14th February, 1955, as the sole proprietor of Mahabi