1. According to the law declared in the Contract Act, Section 43, especially when taken with Section 29 of the Civil Procedure Code, it is clear that it is not incumbent on a person dealing with partners to make them all defendants. He is at liberty to sue any one partner as he may choose, Lukmidas Khimji v. Purshotam Haridas I.L.R. 6 Bom. 700.
2. The petition must therefore be dismissed with costs.