JUDGMENT:- The appellant challenges the order of the court below directing him to deposit into court "cash security" of half of the suit claim without prejudice to his contentions. This order purports to have been passed under the provisions of Order 38, Rule 5, C.P.C. The propriety of this order is called in question now before me.

2. The appellant is the fourth defendant in the suit, O.S. No. 3618 of 1962, on the file of the City Civil Court, Madras. The suit has been instituted by a certain Bangaru Reddiar, the respondent herein, for recovery of a sum of Rs. 13,600 alleged to be due under a promissory note executed by a firm called Bombay Films. The firm is the first defendant in the suit. Defendants 2, 3 and 4 are alleged to be the partners of this firm. It is common ground that the fourth defendant is not the actual executant of the promissory note, but, he has been impleaded

on the footing that he is a partner liable to answer the suit claim said to have been incurred for and on behalf of the first defendant firm.

3. The appellant resists the suit mainly on the ground that he was not a partner on the date 15-12-1959, when this debt was incurred. According to him, he bec