R. S. BACHAWAT, J.

( 1 ) THIS is an anneal from an Order made by my learned brother G. K. Mitter. J. , in suit No. 1252 of 1948. The, suit was originally instituted, in the name of Surajmull Hanumandas, claiming the price of: goods sold and delivered to the defendant. By an order dated 16-1-1950, the plaint was amended by substituting the name of Hanumandas Kanoria the then karta of the joint family business carried on under the name and style of Surajmull Harmmandas, as plaintiff. On or about 1-11-1951, the joint family, of which Hanumandas was the karta, was disrupted and thereupon Hanumandas and one Subhkaran Kanoria and one Biswanath Kanoria became the kartas of the three branches of the family and as such became entitled to the business of Surajmull Hanumandas and the assets thereof including the claim against the defendant firm. On or about 24-7-1952, Hanumandas Kanoria died leaving Kedarnath as Karta of his branch of the family. On 27-7-1958, an application was made on behalf of Kedarnath Kanoria, Subhkaran Kanoria and Riswanath Kanoria for an amendment of the plaint. The application, though in form an application for amendment of the plaint, was in substance one for substi

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