Hon’ble Sudhir Agarwal, J.—Two of the several defendants, who did not contest the suit by filing written statement but felt aggrieved by the judgment of the Lower Appellate Court (hereinafter referred to as “LAC”), have chosen to file this appeal, under Section 100 C.P.C.

2. The suit was instituted by Sri Jairaj Krishna, Anil Kumar and Suneel Kumar, sons of (late) Bindeshwari Prasad; and, Smt. Rammani Devi, widow of Late Bindeshwari Prasad, impleading the widow, sons and daughters of Late Narain Das Agarwal as defendant Nos. 1 to 12 (first set) and widow, sons and daughters of Late Ram Narain as defendant Nos. 13 to 20 (second set).

3. All the parties belong to common ancestors having initially, a joint business. It was pleaded that the parties resided jointly and carried on joint business till 1943. Thereupon there was a partition in family property, but cloth business continued to run jointly. The plaintiffs were assigned half of share and defendants 1 to 12 and 13 to 20 were assigned 1/4 share each.

4. Subsequently in 1969, due to difficulty faced in running joint business, parties underwent another settlement (oral), wherein the entire joint property and business was di