Spencer, O.C.J.

1. The plaintiff brought O.S. No. 48 of 1917 in the Court of the Subordinate Judge of North Arcot to recover Rs. 3,162 as money advanced to a partnership together with interest and profit thereon. The first Court gave him a decree for Rs. 2,845 together with interest on Rs 1,745 against the four defendants. Of these four defendants, defendants 1 and 2 appealed. The third defendant died after the joint appeal by him and the other two defendants had been filed. His legal representative, who was the 4th defendant, did not appeal, and he was not; made a party to the appeal of defendants 1 and 2. The District Judge held that the appeal abated because the legal representative of the deceased was not brought on the record within the time allowed by law. In doing so, he seems to have over-looked Order 41, Rule 4, Civil Procedure Code, which provides that, where there are more than one defendant in a suit and the decree appealed from proceeds on any ground common to all the defendants, any one of the defendants may appeal from the whole decree and thereupon the Appellate Court may reverse the decree in favour of all the defendants. The District Judge relied on the dec