Judgment

AYYANGAR, J.: (On behalf of himself and S. K. Das, J.)The principal point that is raised for consideration in this appeal by special leave is as regards the legality and propriety of an order by the learned Single Judge of the High Court of Gujarat directing a counter-claim filed by the respondents to be treated as a plaint in a cross-suit and remanding the case for trial on that basis.

2. The facts necessary to appreciate the points raised before us are briefly as follows: The plaintiff, who is the appellant before us and one Jamnadas Ghelabhai were partners in a business commenced in October 1913 and carried on under the name and style of Bharat Medical Stores at Broach, the two partners having equal shares. During the subsistence of the partnership and from and out of the assets thereof an immovable property-a house was purchased at Broach in July 1932. Jamnadas Ghelabhai died on August 12, 1943 but the partnership business was continued thereafter by the plaintiff-appellant taking in Bai Itcha-the widow of the deceased partner-in his place. A change was, however, made in the shares of the two partners, in that Bai Itcha was given only a 1/4th share as against the 1/2 sha