I. N. MODI, J. :- This is a first appeal by the defendants Surajmal and others against the judgment and decree of the Civil Judge Merta, dated 26-10-1953, by which he decreed the plaintiffs suit with costs and failure interest.

2. The facts leading up to this appeal may shortly be stated as follows. The plaintiffs Doongarmal, Chunnilal and Vasudeo, and defendants Nos. 4 to 7 Laxminarain, Lalchand, Bliamvarilal and Madanlal carried on business as commission agents for the sale and purchase of cotton at Gulabpura and Bhanwaralal under the name and style of Chunnilal Chandanmal.

According to the plaintiffs defendant No. 1 Surajmal and defendants Nos. 2 and 3 Shaukerlal and Malchand, who are his sons, constituted a joint Hindu family, and carried on business in two names the one being Surajmal Shanker Lal and the other Malchand Somani, and both Surajmal and Shankerlal carried on business of the joint Hindu family firm though Surajmal was the Karta of the joint Hindu family, Malchand was stated to be a minor at the relevant time.

The case of the plaintiffs was that the aforesaid joint Hindu family firm commenced transacting business under the commission agency of the plaintiffs fi