1. This is an appeal from the decision of Subordinate Judge of South Malabar at Kozhikode in O. S. No. 41 of 1948. The suit was for damages for the breach of a contract of affreightment and the return of the advance freight paid by the plaintiffs.

2. The total claim was for a sum of Rs. 10,736 -10-6. The lower Court said:

"The suit is decreed with costs against defendants 1 to 3 jointly and severally for the sum of Rs, 10,736-10-6 with interest thereon at 6 per cent, from the date of plaint and full costs of suit with interest thereon at 6 per cent from this date till realisation".

3. The 2nd defendant was the tindal of the country craft Rehmania, the vessel concerned in this case. He has not chosen to appeal and the decree as far as he is concerned does not arise for consideration.

4. In the plaint as originally filed there were only two defendants:

"Tulsidas Mulji son of Mulji Vishram trading under the name and style of Vishram Khimjee"

and Hasan Ayoob, the tindal mentioned in Para.3 above. The plaint was subsequently amended as per the order in I. A No 1738 of 1953 dated 18-2-1954 and the 3rd defendant, described as follows, was brought on record:

"Moolji Vishram son of Vis