Ramesam, J.

1. The facts of this appeal may be briefly stated:

2. The plaintiff, the first defendants father and two others carried on a partnership business at Zanzibar. O.S. No. 143 of 1909 was filed in the Subordinate Court of Madura East for its dissolution. In that, suit, the present plaintiff was the 5th plaintiff and the father of the present 1st defendant was the 1st defendant. A preliminary decree was passed on 27th October, 1909, and a Commissioner was appointed. The Temporary Subordinate Court of Ramnad, to whose file the suit was then transferred, confirmed the report of the Commissioner. Paragraph 6 of the order confirming the report runs as follows:

It is therefore ordered that the 1st defendant do forthwith pay into Court the sum of Rs. 2.611-6-3 being the amount found due to the partnership by him, that, in default of such payment, the 5th plaintiff is appointed Receiver to realise and collect the said amount with power to bring and defend suits in his own name, etc. (see Ex. D).

3. The final decree (Ex. E.) of the Subordinate Court was passed on 14th October, 1911. It says, that out of the amount collected by the 5th plaintiff as Receiver in realising the only