JUDGMENT

Rankin, C.J. - This is an appeal from a decision of my learned brother Panck-ridge, J., upon an issue whether two persons, Mr. Pramatha Chandra Kar and Sir Hari Sankar Paul, are liable as partners of the defendant firm of Dawn & Co.,. on a money decree obtained against the firm by the plaintiffs Bhagwandas Mandal, dated 28th January 1927. The suit was for a sum of Rs. 4,592 in respect of two contracts which were made in 1923 and 1924 respectively and it was brought on 27th March 1925.

2. It appears that the case for the appellants Mr. Pramatha Chandra Kar and Sir Hari Sankar Paul is that, in April 1922, there was a dissolution of the partnership and Mr. Dawn, after that date, continued to carry on the business under the name of the old firm, Dawn and Co., the appellants having retired. It is clear that before April 1922 the plaintiff's had transactions with Dawn and Co. at a time-when admittedly the appellants were partners of the firm then trading under that name. The plaintiffs brought their suit, as 1 have said, against the partnership firm in the name of Dawn and Co. in March 1925 and very soon after that, namely, in April 1925, Mr. P.C. Kar brought a suit against Mr. Da