JAGDISH SAHAI, J. :- (for himself, Gangeshwar Prasad, S. N. Singh and Rajeshwari Prasad, JJ.) : It would contribute to a clear understanding of the question referred to us for our opinion if the following facts are given :-

Suit No. 6 of 1956 of the Court of the Civil Judge, Gorakhpur, was filed by Lala Bulaki Dass (Plaintiff) against (1) M/s. Jai Narain Har Narain, (2) Jai Narain and (3) Har Narain (defendants). In this suit Lala Bulaki Dass, plaintiff, claimed Rs. 22,000/- from the defendants by way of refund of advance money given by him to the defendants along with interest and damages on the allegation that the agreement dated 1-4-1953 between the parties had been breached by the defendants.

2. Suit No. 599 of 1956 of the Munsifs court, Gorakhpur, was filed by Firm Jai Narain Har Narain against (1) Firm Sohan Pal Munna Lal and (2) L. Bulaki Dass. The plaintiff in this case (Firm Jai Narain Har Narain) claimed a sum of Rs. 5,000 from the defendants. Firm Sohan Pal Munna Lal and Bulaki Dass on the allegation that the agreement aforesaid had been breached by them.

3. Suit No. 599 of 1956 was transferred to the court of the learned Civil Judge, Gorakhpur. The two suits were