S.N.P.Singh, J.

1. This appeal is by the defendants and it arises out of a money suit filed by the plaintiff Company for realisation of Rs. 24,499.71 Paise as arrears of commission (besides costs) which was payable by the defendants to the plaintiff Company under a contract entered into between them. The suit was tried in the Court of the 1st Subordinate Judge at Dhanbad and it has been decreed in full with costs.

2. The plaintiff is a limited Company haying its head office at Calcutta and carries on the business of commission agents and middlemen at various places including Dhansar in the District of Dhanbad. Defendant Nos. 1 to 5 are partners of a firm known as Messrs. B. N. Mandal and Company (defendant No. 6). The defendants own a colliery and they carry on the business of sale and despatch of coal from the colliery to different customers at different places. The case of the plaintiff Company, as made out in the plaint, is that the defendants approached it for the sale of their coal by securing customers and agreed to pay commission at the rate of six annas per ton on sale of the coal to the customers secured by it. The said contract was entered into between them by cor