JUDGMENT

C.C. Ghose, Ag. C. J.

1. The facts involved in this appeal are as follows: The plaintiffs alleged that on various dates between 25th September 1930 and 5th November 1930, they advanced to the defendants Abdul Eazak and Abdul Sobhan a sum of Rs. 10,000 which the latter undertook to repay with interest, at the rate of 12 per cent per annum. The plaintiffs further alleged that both, the defendants, who are father and son, carried on business in co-partnership. Defendant 2, Abdul Sobhan, in his written statement denied that he carried on business in co-partnership with Abdul Razak, and further contended that the plaintiffs' suit was barred by the principle of res judicata. He also added as-follows:

The defendant denies that the plaintiff's lent and advanced to this defendant in the defendants' businesses mentioned in the cause title to the plaint the sum of Rs. 10,000 with interest at the rate of 12 percent per annum on the various dates given in the particulars of para. 1 of the plaint. This defendant had nothing to do with the business referred to above, and if any sum was lent this defendant is not liable to pay the same.

2. The suit came up for hearing before my learned brothe