( 1 ) THE facts giving rise to this rule briefly ate as follows : The present plaintiffs are the heirs and legal representatives of the original plaintiff Bishwanath Singh. For the sake of brevity and convenience I shall deal with this rule as if Bishwanath Singh is still alive and shall describe him as the plaintiff.

( 2 ) THE plaintiff instituted a suit in the Court of the Second Subordinate Judge, Hooghly against Ram Narain Singh for damages for breach of contract, alleging that Ram Narain Singh had entered into a contract with him agreeing to supply him with 10 lakhs of manufactured bricks in return for 250 tons of coal which the plaintiff would supply to him. The plaintiff carried out his part of the contract but Ram Narain Singh in collusion with one Bindeswari Singh removed a large number of bricks which were manufactured by Ram Narain Singh for the purposes of the contract. In spite of repeated demands Ram Narain Singh refusel to perform his part of the contract and the plaintiff claimed damages to the extent of Rs. 20,000/-for breach of contract. This was the suit as originally framed. Thereafter the plaintiff applied for attachment before judgment of the bricks