PER CURIAM: — The suit giving rise to this appeal was instituted by Messrs Birdi Chand Sumer Mal and Gambhir Mal in the court of District Judge, Sambhar Lake, on October 20, 1949, and arose in these circumstances.

2. Messrs Bridi Chand Sumer Mal was a partnership firm which carried on business of sale and purchase of gunny bags at Sambhar. Plaintiff Gambhir Mal and one Tikam Chand were proprietors of that firm. The defendants are members of a joint Hindu family firm styled as "Shri Narain Ram Deo" which also dealt in gunny bags at Sambhar. Ramdeo (defendant No.1) is the manager of that joint family firm. In Paush Samvat 2003 there were transactions between the parties for delivery of 660 bales of gunny bags, of a specified size, to the defendants on Magh Sudi 15 Samvat 2003. While the plaintiffs contended that the defendants failed to take delivery on the due date and broke the contract, putting them to a loss of Rs. 73,751/- the defendants alleged that it were they who suffered a loss of Rs.77,851/-because the plaintiffs failed to make delivery in terms of the contract. The defendants therefore filed a suit on April 4, 1947, while the plaintiffs filed their suit on January 9, 1949,

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