JUDGMENT

Graham, J. - This is an appeal by the defendant Man Mohan Das from a decision of the District Judge of Tipperah confirming a decision of the Subordinate Judge of Tipperah and arises out of two cross suits between the appellant and one Shib Chandra Saha and others relating to certain transactions in jute. The defendant-appellant is a bepari or trader, and the plaintiffs. now respondents, are jute brokers. In his suit (No. 2 of 1925) the appellant claimed that there was a balance of Rs. 3,139-4-0' due to him for jute supplied, whereas the Sahas alleged that Man Mohan had taken money from them in excess of jute supplied and claimed Rs. 1,638 from him.

2. The suits were consolidated and tried together, only one set of issues being framed.

3. The trial Court dismissed Man Mohan's suit and partially decreed the Sahas' suit for Rs. 1,492-7 O. Man Mohan thereupon appealed to the District Judge not against the decrees in both suits, but only against the decree in Suit No. 68. When the appeal was first heard there was an application for the. reception of additional documentary evidence and the learned District Judge giving effect thereto remanded the case to the trial Court for taking