NAWAL KISHORE, J.

( 1 ) THIS judgment will dispose of two appeals Nos. 10, 12/1948. 49 as they have arisen out of the same case. The facts relating to them are stated in detail in a single bench judgment of this Court dated 14th September 1946 in Civil Appeal case no. 160/1942-43 and therefore only such facts will be set out in this judgment as are directly relevant to the points agitated by the learned counsel in this Court.

( 2 ) THIS litigation between the parties arose out of a dispute relating to certain salt business done by them in partnership. It is common ground that at pachpadra salt business was carried on by the Government of Jodhpur and the british Government separately and this consisted of transporting salt from the salt pits to the Pachpadra railway station. The work of transporting the salt in connection with the business carried on by the British Government was done by messrs. Badrinarain Chandan Mal, whereas Messrs. Gangabnx Gulabrai were agents of the Government of Jodhpur, It appears that Badrinarain entered into a partnership with Aaaram. The partnership however was to be carried on in the name and style of Badrinarain Chandanmal with equal shares. M