G.N.Prasad, J.

1. These two appeals arise out of two suits which were tried analogous and they have, therefore, been heard together, although the First Appeals arising therefrom were dealt with separately by the same learned Single Judge. Letters Patent Appeal No. 90 of 1959, from the decision of the learned Single Judge in First Appeal No. 361 of 1953, arises out of Money Suit No. 12 of 1952, and Letters Patent Appeal No. 23 of 1960, from the decision of the learned Single Judge in First Appeal No. 475 of 1954, arises out of Money Suit No. 76 of 1953. The plaintiff in both the suits is Nalam Kanaka Raju, Respondent No. 2 in Letters Patent Appeal No. 90 of 1959 and the appellant in Letters Patent Appeal No. 23 of 1960. There were two sets of defendants in each suit, and one of them was common to both the suits, and will, for the sake of convenience, be referred to as the Sakti merchant. The other set of defendants are merchants of Jharia who, however, are two different parties. The Jharia merchants, who were defendants in Money Suit No. 12 of 1952, are the appellants before us in Letters Patent Appeal No. 90 of 1959. The other set of Jharia merchants, who were defendants in