( 1 ) THE lower Court has accepted the preliminary objection raised by the defendants-respondents to the maintainability of the suit for the relief of bare declaration without claiming any further relief. The suit has accordingly been dismissed. The plaintiffs challenge this dismissal of their suit by this appeal.

( 2 ) THE case of the plaintiffs is that plaintiff No. 4 is a partnership firm. It had entered into certain commercial transactions with defendant No. 1 which is a partnership firm trading at Hardoi in U. P. Defendant No. 2 is one of the partners of the said firm. According to the plaintiffs appellants, defendant No. 1 was the commission agent and used to supply Singdana to plaintiff No. 4 on approval. The transactions ranged between Feb. 1975 to April 1975. Thereafter some dispute appears to have arisen between the parties. There was exchange of letters, telegrams and notices between the parties.

( 3 ) ON 16-4-1975, plaintiff No. 4 required 5 wagons of Singdana to be sent to it. However, on 17-4-1975, defendant No. 1 was asked not to make purchases at higher rate. Defendant No. 1 nevertheless purchased two trucks of Singdana at rs. 350/- per quintal for p