K.B.N.Singh, J.

1. This appeal is by the defendant. The plaintiffs-respondents brought a suit for recovery of Rs. 3,400.00 Or any such sum as may be found due on accounting of the partnership business with the defendant.

2. The plaintiffs case is that the plaintiffs were members of a joint family, whose Karta was plaintiff No. 1. The defendant-appellant on the 5th February, 1949, submitted a tender for supply of 1000 maunds of Chanti Masoor Dal, 1000 maunds of gram Dal and 2000 maunds of gram to the Indian Government Railway Coal Department, through the Colliery Superintendent, Giridih. On the 12th February, 1949, the said tender was accepted and the supply was to be made within thirty days, as per letter of the Colliery Superintendent, Giridih (Exhibit F-3). Before the supply order could be obtained, a security deposit of Rs. 6,100 was made by the appellant. The appellant was short of funds and approached plaintiff No. 1 by a letter dated the 12th February, 1949, to be partner in the said business with the defendant and to contribute half the amount of the security deposit and also to invest half of the amount for the purchase of the grains to be supplied. The plaintiffs a