Rajagopalan, O.C.J.- This is an appeal against the order of the Additional City Civil Judge, Madras, passed on an application preferred under Order 39, rule 1, Civil Procedure Code, in O.S. No. 1119 of 1955, refusing to grant the interim injunction asked for by the appellant, the petitioner in the lower Court, against the contesting respondent, the decree-holder in C.S. No. 228 of 1954. It should be convenient to refer to the decree-holder in C.S. No. 228 of 1954 as the respondent in the rest of this judgment.

I shall first set out the relevant details of what preceded this appeal. Abdulla carried on business in timber. It was common ground that he had business dealings with the respondent for a number of years. Abdulla died in 1939, leaving behind him his widow and six minor children, three daughters and three sons, of whom, the appellant was one. He also left behind a comparatively large extent of properties including the business in timber. Abdulla’s brother Ummerkutti claimed that the business in timber that Abdulla carried on was a partnership concern, in which the brothers were partners. In the arrangements made subsequent to the death of Abdulla, his minor children were repr

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