( 1 ) THIS appeal is from the judgment of Law, J. dated 21st September, 1964 by which the appellant's suit was dismissed.

( 2 ) THE appellant filed the suit against the defendants and claimed a decree of Rs. 8602. 00. The defendants are Fatehchand Kanoi and Abirchand Kanoi. They are described as residing and/or carrying on business at Sujangarh in the State of Rajputana. The appellant and his eldest brother Manickchand Saraogi in their business of Manickchand Durgaprosad had dealings and transactions with the defendants. The transactions are alleged to relate to buying and selling of jute and other goods. The transactions are alleged to be prior to S. Y. 2015 corresponding to 1957-1958. The further allegations of the appellant are that the accounts between the appellant and his brother Manickchand Saraogi on the one hand and the defendants on the other were gone into and finally settled and adjusted. Fatehchand Kanoi for himself and as agent of his son Abirchand Kanoi is alleged by the appellant to have agreed at Calcutta to pay to the plaintiff one half of the amount due together with interest. The appellant alleged in the plaint that the defendant Fatehchand Kanoi for h