R. PRASAD, J. : This is a first appeal, which has been filed by one of the defendants, namely, Messrs Purshottam Dass Banarsi Dass from the decision of the 1st Additional Civil Judge, Kanpur in Suit No. 187 of 1952 dated 3rd August, 1956. The Union of India through the Deputy General Manager, Western Railway, filed this suit against Harshad Rai Natwar Lal Rawal, the Bank of Baroda, Birhana Road,

Kanpur, Shri Shiva Chandra Misra and M/s. Purshottam Dass Benarsidass defendants 1 to 4 respectively. Messrs Purshottam Dass Benarsi Dass have filed the present first appeal.

2. The reliefs sought by the Union of India in the suit were that a decree be passed against defendant No. 4, the present appellant firm asking it to return the suit goods viz. 248 bags of Zeera and ordering it to pay compensation in respect of the fall in value by detention or otherwise consequent upon its wrongful retention, or alternatively that a decree be passed against defendant No. 4 that it should pay to the plaintiffs Rs. 38.000 with interest at six per cent from the date of the suit till realisation, or in the alternative a decree be passed against defendants Nos. 3 and 4 jointly and severally for Rs.