JUDGMENT

1. One Moti Bhagat, a person governed by the Mitakshara law, died leaving him surviving four sons, Motni alias Sew Gobind, Earn Kissen, Sree Kissen and Balgobind. Balgovind is dead and his sons, Jamnarayan and Kanailal, are defendants 1 and 2 in the suit. The other three sons of Moti Bhagat are defendants 3 to 5. Sew Gobind's & sons are defendants 6 to 11; Earn Kissen has no male descendant and Sree Kissen's sons are defendants 12 and 13. Jodhanprosad and Bhagwandas, who are defendants 8 and 9, are two of the sons of Sew Gobind. It is admitted by both sides that the aforesaid descendants of Moti Bhagat form a joint Hindu family governed by the Mitakshara law.

2. A business was carried on at Chaibassa and other places under the name and style of "Jodhanprosad Bhagwandas Firm." Whether' that business was a joint family business of the descendants of Moti Bhagat or was a partnership business in which only some of the descendants of Moti Bhagat were inter, posted is an important point in the case That point will have to be decided on evidence at a later stage of this suit. As the suit has been dismissed on a preliminary issue by the learned Subordinate Judge on the basis that th