JUDGMENT

Costello, J. - These two appeals arise out of a judgment delivered by Buckland, J., on 19th December 1933. As a result of that judgment, two orders were made. The suit in which these orders were made was Suit No. 2151 of 1933, and it was a suit brought by Kantichandra Mukerji, the Official Receiver, as the receiver appointed in Suit No. 1395 of 1933. The defendants were six persons, namely, Durgaprasad, Gangadhar and Satnarayan-all three residing at Kucha Chelan at Delhi, and described as traders and landholders, and Satnarayan Dalmia, Deokinandan Dalmia and Sedmull Dalmia-all residing at and carrying on business at No. 133, Cotton Street, in Calcutta and they were described as landholders.

2. In order to appreciate how this suit came into existence, it is necessary to say something about the relationship of these six persons and the history of the litigation which had taken place between them. The first three defendants carried on business, in Delhi, as a firm, described as Parasram Harnandroy, and the other three defendants carried on business in Calcutta, as a firm under the name and style of Hargobindroy Mathuradas and all these six persons carried on business in partner