Modi, J.—This is a plaintiffs second appeal against the judgment and decree of the District Judge, Ganganagar dated the 11th July, 1957, affirming the judgment and decree of the Civil Judge Suratgarh dated the 19th March, 1956, dismissing the plaintiffs suit for recovery of damages in circumstances presently to be mentioned.

2. The plaintiffs, father and son, carried on business as commission agents in the name and style of Balmukand Dharamchand at Raisinghnagar. It is alleged that this was a joint Hindu family firm. The defendant who was a Patwari at Raisinghnagar some time before the present suit was brought had an account with the plaintiffs in which he used to deposit monies from time to time. The plaintiffs case was that between the 25th April, 1951, and the 25th June, 1951, the defendant placed an oral order for the purchase of 200 bags of Sarson under their commission agency. These were accordingly purchased at a price of Rs. 12,343/-/6, and this sum was debited against the defendant. On the 20th August, 1951, the defendant paid Rs. 3475/-to the plaintiffs of which a sum of Rs.2977/2/6 was paid out of his aforesaid personal account with the plaintiffs, and the relevant entry

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