MAHAPATRA, J.:- In both the appeals, the Union of India as representing the East Indian Railway, the Oudh and Tirhut Railway and the Assam Railway, is the appellant. They were the defendant No.1 in two money suits in the Court of the first Additional Subordinate Judge, Gaya, numbered as Money Suit No.3/2 and 4/1 of 1952/1956. The suits were filed first in the Court of the Subordinate Judge 1st Court, Gaya, but during the trial they came before the 1st Additional Subordinate Judge at that place. That explains the two different numbers given to each of the two suits. The plaintiffs in both the suits were Sri Motilal Kamalia and Sri Kashi Prasad Kamalia, sons of Sri Rampratap Kamalia, who were traders carrying on business in the name and style of Messrs Sri Rampratap Kamalia Mills at Warsaliganj in the district of Gaya. They impleaded also two insurance companies, Messrs. National Fires and General Insurance Company Limited of Calcutta in the former suit and Messrs Gladstone Lyall and Company Limited of Calcutta in the latter. Two other persons, Sohanlal Saraogi and jugal Kishore Jain were also common defendants in the two suits. Balchand Saraogi, who was expunged on account