1. This appeal is brought on behalf of the decree-holder against the order of the Subordinate Judge of Darbhanga dated the 31st May, 1-954, holding in the first place that the decree was a nullity and could not be executed because one of the judgment-debtors, Kishorilal Sahu, had died about eight months before the hearing of the suit and his legal representatives were not brought on the record of the case. The learned Subordinate Judge, held in the second place that the defendant firm was not registered under the Indian Partnership Act and so could not be treated as a legal entity and no decree could be passed against the firm "Dipa Sahu Deoki Prasad" impleaded as a defendant. In taking this view the learned Subordinate Judge relied upon a decision, Bhawarjit Chetri V/s. Kedarmal Banarsilal, AIR 1954 Assam 111.

2. In support of this appeal Mr. G. C. Mukharji pointed out, in the first place, that the view taken by the learned Subordinate Judge is erroneous on both the points. It was argued that the decree was properly granted in favour of the decree-holder against the joint family trading firm called "Dipa Sahu Deoki Prasad". We think that this argument is correct. For it is