This is a revision against the order of Court of Subordinate Judge of Bellary striking out the second defendant on the ground that he was improperly joined as a party to the suit.

The facts according to the plaintiff, that gave rise to the cause of action against the defendants, may be briefly stated. The plaintiff is a merchant doing business in dhal and other commodities at Adoni. The first defendant posing himself as a representative of Maheswari Mills Moria (Madhya Bharat) entered into a contract with him to sell 4 waggons of gram and dhal. At the time of the contract, he produced forged licences and delivered a letter alleged to have been written by Maheswari Mills authorising him to collect the money from the purchasers in respect of the railway waggons for which railway receipts were to be delivered. Believing these representation, the plaintiff paid Rs. 7,000 to the first defendant and obtained an assignment of four documents styled as railway receipts covering these four waggons. The sum of Rs. 7,000 was paid in currency notes of Rs. 100 each by the plaintiff towards a portion of the sale price. The numbers were noted in the schedule to the plaint. The first defenda