JUDGMENT

Mukerji, J. - This is an appeal by defendants 2 and 3 from a decision of the Fourth Additional Subordinate Judge of 24-Parganas, by which the plaintiffs' suit was decreed against them on contest and ex parte against defendants 1 and 4. The suit was for recovery of money due as balance of the price of two waggon loads of mustard oil alleged to have been supplied by the plaintiffs, a joint stock company with limited liability, from their place of business at Berhampur (District Murshidabad) to a firm styled S.B. Lahiri and Company carrying on business at Maniktala (District 24-Parganas), of which latter firm the four defendants were said to bathe proprietors. The two grounds, on which the decree of the Court below is assailed, are firstly that the suit was instituted beyond time; and, secondly, that defendant 2 is not a partner of the firm, but that the firm belongs to defendant 3 alone. So far as the first ground is concerned, the relevant facts are the following: The two consignments were delivered respectively on 20th December 1920, and 24th December 1920. The suit was instituted in the Court of the Subordinate Judge at Berhampur on 14th December 1923. On 19th April 1926,