This appeal has arisen out of the decree and judgment of the learned First Additional City Civil Judge in O.S. No.767 of 1949 on the file of that Court wherein the plaintiff sought to recover a sum of Rs.4,169-1-0 from the defendants. in the following circumstances.

One Annamalai Chetty, the uncle of defendants 2 to 4, defendants 1, 5 and One late Ellappa Chetty, did partnership business in the name and style of “T.K. M.A. Rajabather Chetty, Palani Chetty & Co.” Annamalai Chetty died in February, 1935, and, in his place, Parthasarathy Chetty was substituted and the business was continued in the name of “T.K.M.P. Rajabather Chetty, Palani Chetty & Co.” The business was carried on at Vellore and at Madras. The partnership business, however, came to an end, but the accounts were not settled. Parthasarathy Chetty, who took the place of Annamalai Chetty, also died in 1938. Subramania Chetty, son of Annamalai Chetty, filed O.S. No.41 of 1937 on the file of the Sub-Court, Vellore, against his uncle, Parthasarathy Chetty and his sons, defendants 2 to 4 for partition. The partners of the firm referred to above were also made parties to that suit. A preliminary decree in the suit was p