1. Defendants 1 to 3, one Jagarupchand Kumaji and certain others were carrying on a partnership business which admittedly came to an end in October 1925, on the death of Jagarup. The plaintiff claims to be an undivided brother of Jagarup and as such entitled to his share of the partnership assets. The present suit is framed in the alternative in view of what happened in a former suit, O.S. No. 62 of 1927 on the file of the City Civil Court. To elucidate the contentions raised before us, it is necessary to refer in some detail to the nature and course of that litigation. Samrathmull, the present defendant 3, was the plaintiff therein and he sued his partners and the present plaintiff who was impleaded as defendant 3. The plaint prayed that the usual partnership accounts be taken; the total amount of profits earned in the business be ascertained and the amount due to the plaintiff for his share of the profits be also ascertained.

2. Defendant 3, i.e., the present plaintiff, did not appear and there was some contest only between Samarathmull and defendants 1 and 2 as to the quantum of the formers share and certain minor matters. These questions were adjusted by a raji between t