Rajadhyaksha, J.

1. This is an appeal against an order passed by the Additional District Judge and First Class Subordinate Judge, Jamkhandi, dismissing the decree-holders darkhast with costs.

2. It appears that one Chunilal Kasturchand Marwadi and another obtained a decree against Dundappa Damappa Navalgi and others in Suit No. 249/1927 in the Court of the Civil Judge, Senior Division, Belgaum. Dundappa was a partner in a partnership firm going by the name of Bashetappa Muttur and Ohanbassappa Lakshethi Co. which had business dealings with the plaintiffs. The plaintiffs brought the suit to recover arrears due to them and impleaded, all the partners of the firm, including Dundappa who was defendant 5. Defendants 1 to 4 resided within the local limits of the special jurisdiction of the Belgaum Court. The other defendants, including defendant 5, did not reside within that jurisdiction, and an application was made under Section 20 (b), Civil P. C., to obtain leave of the Court to proceed against them. The cause of action also arose within the jurisdiction of the Belgaum Court, Defendant 5 remained absent, and the suit proceeded ex parte against him. Ultimately, a decree was pas