Tarkeshwar Nath, J.

1. These two appeals arise out of the same suit. First Appeal No. 181 of 1958 was by defendants 1 to 3, but, after the death of defendant 2, Bhagirath Prasad Kamalia was substituted In his place. First Appeal No. 184 of 1953 is by defendants 1, 4, 5 and 6. The plaintiff, State of Bihar, instituted a suit for recovery of Rs. 13,830/14/-in the following circumstances. Defendants 2 and 3 were partners carrying on a partnership business under the name and style of Ram Pratap Kamalia Mills (defendant 1) in Warsaliganj. In the middle of 1949, defendant 1 was allotted Orissa paddy for milling into rice and that defendant agreed that the rate of extraction of rice would be 63.5 per cent of the paddy. A sum of Rs. 1/4/- per maund of the rice was fixed as the milling charges and defendant 1 agreed to deliver the rice on that basis. The plaintiff was to bear the transport charges of the paddy from the place of despatch to the gate of the Mill. Defendant 1 further agreed that rice would be delivered F. O. R. Patna Junction. According to Statement A of the plaint, defendant 1 received 29,700 maunds of paddy in 14898 bags between 10th June 1949 and 19th July, 1949 and