JUDGMENT

M.C. Ghose, J. - This is an appeal by the defendants in a suit for Rs. 1117 odd as compensation on an indemnity bond. The facts which are not; disputed were that at a place named Nithpur within the district of Dinajpur there was a post office. In May 1927, the defendants or their predecessors agreed to apply to the Telegraph Department that a telegraphic office should be opened at Nithpur. The Department were not willing to open a telegraphic office at the place unless local merchants would guarantee against loss. Thereupon six merchants who were predecessors of the appellants here executed an indemnity bond dated 26th May 1927 agreeing each to pay a certain indemnity if the Accountant General of the Tele-graph certified the loss and that his certificate would be final on the matter. Upon this the Accountant General certified a loss of working for the first year up to the end of March and again for the second year to the end of March and the loss of those two years amounted to the sum claimed which was amounting to Rs. 1100 odd which was demanded from the defendants and they did not pay and hence the suit was instituted in May 1933. The trial Court dismissed the suit. In ap