( 1 ) THE present second appeal arises out of the suit for ejectment. The plaintiff Gaya prasad filed the present suit with the allegations that he was a partner of the Firm M/s. Badri Prasad bholanath defendant No. 1. The others were arrayed as defendants Nos. 2 to 7. The business was being carried on in premises No. 3 Baluwa Ghat, Allahabad. The plaintiff had given the disputed premises on licence to the partnership of which he himself was a member and the licence was revoked by registered notice dated 18-4-1970. The defendants, however, were occupying the disputed property illegally and were liable to be ejected.

( 2 ) ONE written statement was filed by the defendants Nos. 1, 2 and 3. It was mentioned in para 12 of the written statement that Dwarika Prasad father of defendant No. 3 was the tenant of the disputed property and the business was being carried on by the plaintiff as a partner with the consent of Dwarika Prasad and defendant No. 3. It was alleged that the suit was liable to be dismissed as it was filed against the plaintiff himself as a partner.

( 3 ) THE appeal came up to this court earlier when it was decided by Honble Mr. Justice Gopinath. He decree