1. This is an appeal by the defendants arising out of a suit in the following circumstances. The suit was original by brought on 11-3-50 by 'Jai Jai Ram Manohar Lal, Ram Nagar, District Naini Tal, plaintiffs to recover a sum of Rs.10,139/12 / from the defendants purporting to be the balance of sale price of timber purchased by the defendants from the plaintiffs on 10-3-47 and delivered to the defendants on 10-6-47.

2. One of the objections taken by the defendants in their written statement was that the plaintiff firm was not registered under the Indian Partnership Act , and as such, the suit was not maintainable; and that, at any rate, the suit was barred under the provisions of Order XXX, CPC

3. After the lodging of the written statement, an amendment application was moved on behalf of the plaintiffs on 18-7-52 saying that the plaintiffs were joint family business, in which "Jai Jai Ram is the father and Manohar Lal is the son. The business name of the plaintiffs is Jai Jai Ram Manohar Lah". It was further stated that
''Manohar Lal has signed and verified the plaint as owner and proprietor and it was with Manohar Lal as owner and proprietor that the defendant too had been having de