Curgenven, J.

1. The plaintiffs, who appeal, sued for a declaration that a firm in which they were partners, styled S.K. Kadir Mohidin Eowther & Co., was dissolved on 22nd May 1926 and for a settlement of accounts. Other partners were admittedly defendant 1 and one S.K. Kadir Mohidin Bowther, who died on the date given above. The primary question we have to decide is whether defendant 2, younger brother of Eadir Mfthidin Eowther, was also a partner. The plaint firm was constituted by an agreement, Ex. A, on 30th November 1917. The evidence shows that prior to that date Kadir Mohidin Eowther and his brother defendant 2 had been carrying on several enterprises in partnership. The agreement itself recites that the remaining four partners, who were cloe relations of Kadir Mohidin Eowther, were included in the suit firm as an act of bounty or grace to provide them with an occupation. But it contains no reference to defendants 2 himself as a partner and the plaintiffs allegation that he occupied this position has therefore to be established in face of the terms of this document. Their case is that, as the brothers were in mercantile matters always working jointly under the name of