Shiv Dayal, J.- 1. This appeal is from the dismissal of the appellant’s suit for recovery of 115 bales of cotton, or, alternatively, Rs.39,163 and paise 25 with interest at the rate of paise 50 percent per month against the 5 defendants.

2. The plaintiff firm Poonamchand Sakarlal and Co., is a registered partnership firm carrying on business in cotton seeds etc. at Bombay. Ladhabhai (defendant No.1) and his son Dhanji (defendant No.2) are carrying on business as Adhatiya (commission agent) in the name and style “Dhanji Ladhabahi” at Ujjain. Dhanji was the Karta of the joint Hindu family firm Dhanji Ladhbhai. The plaintiff firm used to purchase and sell cotton and cotton seeds through Dhanji Ladhabhai after getting it ginned and baled at Ujjain. The plaintiff’s case was that on being informed by defendant No.2 Dhanji, that he had 279 bags of loose cotton in stock in balance of account and no purchaser was available at Ujjain. (Dhanji’s letters dated March 3, and March 23, 1952) the plaintiff directed him to get the cotton bailed and to deliver for that purpose the bags of cotton of M/s Sukhdeo Cotton Press Company, Ujjain. Later on, the plaintiff directed the firm Dhanji Lad