JUDGMENT

R.C. Mitter, J. - In this case a suit was brought for the recovery of the price of coal supplied to the defendants who were partners of a firm carrying on business under the name and style of Satis Chandra Nandy and Company. The cause title of the plaint was as follows:

Bhadreswari Coal Supply Company through Manik Lal Roy, plaintiff v. Satis Chandra Nandy and Company represented by Jnanendra Nath Nandy and others, defendants.

2. At the date of the suit three persons namely Manik Lal Roy, Sripati Charan Mukherjee and Bhujendra Nath Bhadra were partners of a firm carrying on business under the name of Bhadreswar Coal Supply Company. They were also partners of the same firm carrying on business under the same firm name when the defendant Company bought the coal. The finding of the learned District Judge is that the said partnership of Manik Lal Roy, Sripati Charan Mukherjee and Bhujendra Nath Bhadra commenced under a deed of partnership and the partnership was still continuing at the date of the suit. To the suit as originally framed Sripat Charan Mukherjee and Bhujendra Nath Bhadra were added as pro forma defendants, but the notice of the suit was not served on them and ultim