Horace Owen Compton Beasley, Kt., C.J.

1. This was a suit on a promissory note.; The plaintiff was one Chava Ramanayudu and there were four defendants. The amount claimed was Rs. 907-13-0. The first defendant admitted the claim but pleaded non-liability on the ground that the plaintiff exonerated him. The third defendant was ex parte. Defendants 2 and 4 pleaded that the suit promissory note was for advances to be made by the plaintiff for carrying on a toddy shop which they (the defendants and the plaintiff) agreed to work as partners after the first defendant had already become the successful bidder for the year 1927-1928 and that the partnership was an illegal partnership. The learned Subordinate Judge finds as a fact that the promissory note was executed for advances to be made by the plaintiff for the partnership, that the plaintiff was a partner and that the first defendant who obtained the license was not shown to have obtained the Collectors permission to work the shop in partnership. In view of these findings he dismissed the suit.

2. The question before the learned Subordinate Judge was and before us is whether the partnership was formed for the purpose of doing some