P. L. BHARGAVA, J.

( 1 ) THIS is an application in revision, under Section 25, Provincial Small Cause Courts Act. The applicant had instituted a suit, in the Court of the Judge, Small Cause Court, Kanpur, against the dominion of India for recovery of damages resulting from the shortage and non-delivery of two bags of ginger, which were made over to the Administration of the G. I. P. Railway for transmission from Wadi Bunder to Kanpur. In the title of the suit in the plaint the applicant had described himself thus : "messrs. Ram Kumar Ram Chandra through Ram Kumar Adult son of sarjoo Prasad caste Vaisb residing at Naya Ganj Kanpur, partner of the firm". In para. 1 of the plaint the applicant had stated that the plaintiffs are a partnership firm registered under the Indian Partnership Act and Lala ram Kumar who has signed and verified the plaint, is registered partner of the firm. "

( 2 ) ON behalf of the defendant the allegation in para. 1 of the plaint was denied and the liability for payment of any damages was also disputed. One of the issues framed in the suit was : "are plaintiffs entitled to sue?" The applicant attempted to prove by oral evidence that Ram Kumar was a partner in

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