Sinha, J.

1. This appeal arises out of an objection to the execution of a decree against the plaintiffs, of whom the appellant is one, in a suit for specific performance of contract.

2. On 29-2-1936, a partnership firm known as Marwari Brothers, consisting of, amongst others, Jainarain Ram Lundia, Gobardhan Das, Badri Prasad and Bisheshwar Nath (after his death, Madan Lal), forming one group known as the Bettia Group and of the plaintiffs, namely, Kedarnath Khetan and Firm Surajmal Sagarrnal, known as the Padrauna Group, forming the other group, was brought into existence with the object of promoting a company for starting a sugar mill in Champaran and to secure a managing agency for that partnership firm. The capital of this firm was Rs. 8,00,000/-, consisting of 800 shares of Rs. 1000.00 each. Gobardhan Das and his brother, Badri Prasad had 100 shares; Jainarain had 150 shares and Madan Lal had 100 shares. Thus the total shares owned by this Bettia Group was 350. The plaintiffs owned the remaining 450 shares.

In pursuance of the agreement, a sugar mill was started and incorporated as a private limited company under the name of Ganga Devi Sugar Mills Limited with the capit