This second appeal was referred to a Division Bench by Rajamannar, J., by reason of a conflict between the decision of Bell, J., in Ponnappa Chettiar v. Bodappa Chettiar,1and the opinion of Sir John Beaumont, C.J., in Appayya Nijlingappa v. Subrao Babaji2, Rajamannar, J., preferring the opinion of Sir John Beaumont, C.J., to that of Bell, J., made the reference as above stated.

The facts are as follows: From the 2nd March, 1940, until the 31st March, 1942, the plaintiff and the deceased husband of the second defendant carried on business in partnership. During that period dealings and transactions took place with the first defendant. As a result, his indebtedness to the partnership amounted to a sum of Rs. 819-14-0, and, by the date of suit, that amount was increased by a sum of Rs. 94-4-0 to a sum of Rs. 914-2-0, the amount for which the suit was instituted. It is alleged, and, so far as the matters relevant to this appeal are concerned, it is not in dispute, that there was some arrangement by which the plaintiff became entitled to the whole of the monies alleged to be recoverable from the first defendant. Hence the suit was brought, by the plaintiff alone but s