BAPNA, J.

( 1 ) THIS is an appeal against the judgment of the learned District Judge Baran, dated 14-12-49, by the plaintiff in a suit for recovery of money.

( 2 ) THE suit was originally instituted by Hazarl-lal describing himself as the son of hiralal, proprietor of the firm of Seth Hiralar Hazarilal. The defendant Jagannath was described as son of Lalli Bam, owner of the shop of Lalliram Jagannath at tekneri Pachar, Madhya Pradesh. The suit was for recovery of Rs. 3703/-/3. It was Instituted on 23rd October, 1948, in the Court ot Civil Judge, Baran, and the cause of action lor purposes of limitation was stated to have arisen on the 15th of november 1945. The defendant took a preliminary objection that the plaintiff was not the sole owner of the firm Hiralal and Hazarilal, but one Sunderlal was also a partner, and that as the suit was riot in the name of the firm the suit was bad for nor-joinder. The plaintiff filed an application on 16th February, 1849, praying lor amendment of the plaint so as to make the firm Hiralal Hazarilal as the plaintiff. In this application it was mentioned that Sunderlal was not made a party, because he had not contributed towards the capital