JUDGMENT:- There was one Sankaranarayana Iyer who had two sons by name Sundaram Iyer and Ganapathi Iyer. Sundaram Iyer is the second defendant in the suit and Ganapathi Iyer the third defendant. Ganapathi Iyer has two sons by name Sankaranarayanan and Subramaniam. Sankaranarayanan is the first plaintiff and Subramaniam the minor through his mother and next friend is the second plaintiff. The suit was filed for partition of their (plaintiff's) one-third share. On 10-11-1961 in I. P. 9 of 1961 defendants 2 and 3 were declared insolvents. The Official Receiver was also, therefore, impleaded as the first defendant in the suit.

2. There are two items of properties set out in the plaint. The first item of the suit properties is ancestral in character. The second item was said to have been purchased by the second defendant from out of the cash left by his father. Defendants 2 and 3 were said to have started an entirely new business with the cash left by their father and contracted debts. According to the plaintiffs, the debts were avyavaharika in character so as not to bind them or their shares. The first defendant-Official Receiver was said to have brought the whole of the joint