MODI, J.—This is a defendants certificate appeal against a judgment and decree of the High Court of the former State of Jodhpur, dated 5th Januarys 1949, and was originally filed before the Ijlas-i-Khas of the same State and has come to us for disposal on the integration of that State with the State of Rajasthan. The material facts may shortly be stated as follows.

2. The Plaintiffs-respondents carried on the business of commission agents under the same and style of Ratanlal Simrathmal at Bombay. The defendant-appellants are members of a joint Hindu family, defendant-appellant No. 1 Sukhlal being the father and Nos. 2 & 3 Ranulal and Misrilal, his sons. The plaintiff-respondents case was that under instructions from defendant-appellant Sukhlal, they entered into certain transactions relating to the sale and purchase of gold, silver, ground-nuts, linseed, cotton and wheat, for and on behalf of the appellants in Svt. 1990 and 1991 as a result of which the plaintiffs were entitled to receive from the defendants a sum of Rs. 9309/2/3 on Jeth Vadi 1, Svt. 1992 as principle to which they added a sum of Rs. 332/13/9 as interest up to that date and a sum of Rs. 740/8/6 as interest upto the

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