BERI, J.

( 1 ) A learned single Judge of this Court has referred the following question for answer: "whether in the facts and circumstances of the present case the appeal is barred by res judicata"?

( 2 ) LET us briefly state the facts. The plaintiffs as commission agents advanced Rs. 8,560/- to the defendants on 3-3-51 for obtaining a railway receipt of certain goods from the Punjab National Bank, Jodhpur. The plaintiffs also gave on 8-3-51 rs. 836/14/9 by way of payment to a broker. The defendants goods covered by the railway receipt when sold by the plaintiffs on behalf of the defendants fetched rs. 6501/15/6 and after deduction of expenses a balance of Rs. 3077/10/3 remained due to the plaintiffs and claiming interest and cost of notice the plaintiffs instituted a suit against the defendants which eventually was transferred to the civil Judge, Jodhpur, (being Suit No. 135/1955) for recovery of Rs. 3146/7/ -. We shall call it Suit No. 135 hereinafter. The defendants instituted a counter suit for rendition of accounts against the plaintiffs which also travelled to the same court by transfer as Suit No. 186. These two suits were consolidated by the consent of the parties