Kumaraswami Sastri, J.

1. This appeal arises out of a suit filed by the respondents who were the dubashes of the 1st defendant Company for the recovery of Rs. 73,117-5-7 from the 1st defendant or in the alternative to direct the 2nd defendant to pay either the plaintiffs or the 1st defendant the amount due by them.

2. The case for the plaintiffs is that by a dubash agreement dated the 21st of November 1912 entered into between them and the 1st defendant they were appointed banians or dubashes of the 1st defendant to push certain branches of the business of the 1st defendant; that the said agreement inter alia provided that the plaintiffs were to guarantee the due completion of all contracts entered into by merchants with the 1st defendant and covered by the agreement in consideration of the plaintiffs receiving certain rates of commission ; that the plaintiffs deposited a sum of Rs. 3,00,000 for the due performance by them of the terms of their agreement with the 1st defendant: that a sum of Rs. 1,25,000 is now in the hands of the 1st defendant, that during the subsistence of the said agreement the 2nd defendant entered into a contract in writing with the 1st defendant on the