Judgement

Appeal (No. 128 of 1920) from a judgment and decree (November 19, 1918) of the High Court in its appellate jurisdiction, affirming an interim decree of that Court in its original civil jurisdiction.

The respondent as plaintiff in a former suit against the appellants had claimed an account of a partnership which had subsisted between them. By a decree made by a judge of the High Court on February 25, 1915, that suit was dismissed on the ground that the partnership had been dissolved in April, 1910, and that consequently the suit was barred by the Indian Limitation Act (XI. of 1908), Sch. L, art. 106. On April 30, 1915, the respondent brought the present suit in which he alleged that certain specific sums had been received by the appellants on the partnership account, and claimed his partnership share. The items were set out in the schedule to the plaint, and were stated to have been received at various dates all of which were before the date of the decree, and the majority before the previous suit was instituted.

The trial judge, Kumaraswami Sastriar J., made an interim decree declaring that the plaintiff was entitled to a fourth share in such items contained in the schedu