Bapna, J. — This is an appeal by Kishanlal and Satya Narain, minors under the guardianship of their mother, against the judgment of a Division Bench of the High Court of the former Jodhpur State, dated the 24th of September, 1948. The applicants were plaintiffs in suit No. 49 of 1945-46, which was decided on the original side of the High Court of the former Jodhpur State. After the decision of the Division Bench, there was an application to the High Court for leave to appeal which was granted. That is how the present appeal has come up before us.

2. The plaintiffs suit was for recovery of Rs. 10,342/3/3. The plaintiffs owned two firms, one in Jodhpur, called Kanmal Surajmal, and the other in Indore, called Kanmal Kishanmal, and both these firms were acting as commission agents. The plaintiffs case was that the defendant, Banwar Lal, who is a resident of Jodhpur, entered into certain forward transactions in bullion with their Indore firm. These transactions resulted in a loss, a part of which was paid up. The suit was filed for recovery of the remainder of the loss consisting of Rs. 9,861/13/6 as principal and Rs. 480/5/9 as interest.

3. The suit was resisted by the defendant on a num

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