Chagla, C.J. :- This is an appeal from a decree passed by the Joint Civil Judge, Senior Division, Belgaum, is a partnership action, and the facts leading up to this litigation may be briefly stated.

2. A partnership was started between the plaintiffs father and defendant 1 in 1904 and the plaintiffs father died on 30th April 1927. The plaintiff filed the suit from which this appeal arises for dissolution of partnership and for accounts alleging that even after the death of his father the partnership continued. On 23rd August 1935, the plaintiff applied for amending the plaint for alleging an alternative cause of action, and the alternative cause of action was that in the event of its being hold that there was no subsisting partnership after the death of the plaintiffs father, accounts should be taken on the footing that the partnership stood die solved on the death of the plaintiffs father. That application was rejected by the trial Court, and the trial Court holding that there was no subsisting partnership after the death of the plaintiffs father, dismissed the plaintiffs suit. An appeal was preferred to this Court, being first Appeal No. 264 of 1938. This Court took the v