JUDGMENT

R.C. Mitter, J. - The Kurseong Hydro-Bleofcrio Supply Co. Ltd., (hereafter called the company) was incorporated in August 1930. A firm carrying on business under the name and style of Sundar and Rai, of which P. M. Sundar and N. B. Rai were partners in equal shares, became the managing agents-of that company. It is said by the company that the said firm Sundar and Rai, was also appointed its engineers to look after the construction of its works at a monthly remuneration of Rs. 700, with yearly increments of Rs. 25 a month, for a period of three years commencing from October 1930. The respondents maintain that P. M. Sundar and N. B. Rai were appointed engineers on those terms in their individual capacities. In our judgment, the controversy on this point is a material one. The learned subordinate Judge, however, did not record his finding on the same, but, on the other hand, proceeded upon the assumption that the firm, Sundar and Rai, had been appointed as engineers. In reciting the facts in our judgment we will for convenience use the phrase "Sundar and Rai" without denoting either the firm of that name or the individuals, P. M. Sundar and N. B. Rai. N. B. Rai was also the s