Leach, C.J.

1. The appellant sued on the original side of this Court for a declaration that a partnership between him and the defendant was dissolved on 80th September 1988 and for an order directing that the accounts of the partnership be taken from 1st October 1937 to 30th September 1988. No oral evidence was given as the parties had agreed that the action should be tried on the correspondence and certain other documents. It is common ground that the partnership commenced before 23rd August 1937. The record does not disclose the exact date of the agreement; but this is not material. The partnership was formed for the purpose of acquiring licences for the carrying on of a retail business in toddy in shops in the City of Madras. Licences were obtained, but they were only issued in the name of the plaintiff. The defence was that as the licences stood in the name of the plaintiff alone, the partnership was illegal and therefore the suit was not maintainable. This plea was accepted by Krishnaswami Ayyangar J., who tried the action, and consequently he non-suited the plaintiff who has appealed. During the pendency of the appeal the respondent died and his legal representatives h