JUDGMENT

D.N. Mitter, J. - This Rule was obtained for the revision of an appellate judgment dismissing the Plaintiffs' suit on the ground that the suit was barred by reason of the provisions of sec. 69 (2) of the Indian Partnership Act (1932). It appears that the Plaintiffs instituted a suit for recovery of a sum of Rs. 370. It appears from the plaint that Mahesh Chandra Saha, Jogesh Chandra Saha, Suresh Chandra Saha and Jugal Dasi Saha who are joint partners of a firm, instituted the suit on the 25th May, 1934. In June, 1934, a written statement was filed on behalf of one of the Defendants, namely, Defendant No. 2, in which he did not take this plea in bar based on sec. 69, with the result that the suit proceeded in trial. It was decreed on contest against Defendant No. 2 and ex parte against the other Defendants. An appeal was taken by Defendant No. 2 against the decree passed against him, but that appeal was allowed to go by default as in the meantime the other Defendants made an application for setting aside the ex parte decree against them. The ex parte decree against them was set aside. But notwithstanding that, the decree against Defendant No. 2 was allowed to stand by some p