Pandey, J.-

1. This is a defendants appeal against a decree for Rs. 52,535- with proportionate costs and future interest which was passed against them on account of price of 3307 tons of coal supplied to them at Rs. 14/9 per ton and other incidental charges.

2. The plaintiff, Rewa Coalfields Ltd., has coal mines at Burha and Sahdol. The defendants, who are partners of a registered firm, Chaurasia Limestone Company, Satna, manufacture lime and require coal for use in their kilns at Satna. The plaintiff alleged that, between January 1952 and March 1053, it supplied to the defendants 3307 tons of coal at the rate of Rs. 14/9 per ton. Since the defendants did not pay the price, the plaintiff laid this suit claiming Rs, 52,537/14, including Rs. 1,505 on account of sales tax and Rs. 2,872/3 on account of interest. The defendants resisted the claim inter alia on the ground that, for the supplies made between June 1951 and March 1953, they paid the entire price except Rs. 7,496/11 and that the supplies prior, to June 1951 were made by Messrs Sood Brothers. Calcutta to whom payments for those supplies had been duly made. After issues were framed, the case came up for trial on 27 Augus