Alfred Henry Lionel Leach, C.J.

1. These four appeals arise out of separate suits filed in the Court of the Subordinate Judge of Devakottai. They all raise the same questions; they were heard together and were decided by the Subordinate Judge in one judgment. It will be convenient to adopt the same course here; but we propose to deal with Appeal No. 67 of 1939, in the first instance as our conclusions in that case will govern the decrees to be passed in the other three appeals.

2. Appeal No. 67 of 1939, arises out of O.S. No. 193 of 1936, which was instituted on the 2nd December, 1936. The suit was brought by one Arunachalam Chettiar, who died before the hearing. In consequence the executors of his will were substituted as the plaintiffs, but at a later stage the present appellants, the receivers of Arunachalams estate, were also made plaintiffs, since when they have carried on the litigation. The suit was filed to recover Rs. 46,538-6-9, alleged to be due in respect of a sum deposited on the 8th July, 1930, with the Chettiar firm of N. M. S. Rm. carrying on business at Laijhieu in French Cochin-China. This firm had been formed at Pallathur in this Presidency by the first, se