( 1 ) THIS is an appeal against an order of G. K. Mitter, J. allowing certain amendments of the plaint and granting fresh leave under Clause 12 of the Letters Patent in respect of such amendments.

( 2 ) THE plaintiff respondent which is a registered partnership firm carrying on business at 195, Old China Bazar Street, Calcutta, filed a suit in this Court on or about the 15th December 1959 against the appellants Daulatram Agarwalla and Shankarlal Agarwalla describing the former as the Karta or Manager of a joint Hindu Mitakshara family consisting of himself and his sons Shankarlal and Shambhu Prosad and as carrying on a Joint family business under the name and style of Shanharlal Shambhu Prosad, along wiw Shankarlal Agarwalla, at Katihar and also at Labha, in the District of Purnea in the State of Bihar, for recovery of a sum of Rs. 74,612. 89 np. In respect of certain commission agency dealings and transactions. In the plaint as originally filed the case made was that in or about the year 1952 the defendants in their said business of Shankarlal Shambhu Prosad appointed the plaintiff firm as their Commission Agents for the sale of raw jute at certain terms and conditio