JUDGMENT

Bhide, J. - This was a suit for recovery of Rs. 7,328-4-6, as the price of wheat sold to the defendants. The suit has been decreed and the defendants appeal. The facts giving rise to this suit are rather peculiar and may be briefly stated as follows: A firm named, Charanji Lal-Kishori Lal brought a suit against the present plaintiffs and defendants on the allegation that a "kotha" of wheat was sold to the present plaintiffs and that the present defendants had stood surety for the price. The suit was decreed against the present plaintiffs only on the finding that Charanji Lal-Kishori Lal had sold the kotha to the present plaintiffs and that the defendants were not sureties. The learned Subordinate Judge who decided the previous suit while granting, the decree against the present plaintiffs remarked that they could file a separate suit against the present defendants if the kotha was sold by them to these defendants. The plaintiffs thereafter instituted the present suit for recovery of Rs. 4,817-12-3, as the price of the kotha from them, together with interest. The defendants pleaded inter alia that the suit was barred by time, but this plea was rejected by the learned Subordi