- (1.) I think this special appeal ought to be dismissed because the lower appellate Court was right in holding, as it did, that as the plaintiff sought to establish his right of pre-emption upon the ground of partnership, he could not properly get a decree on the ground of vicinage. Therefore, without going into the substantial question of law which is raised, and following the precedent which is to be found established in the case of Koonj Behari Lal v. Giridhari Lal 1 B.L.R. S.N. 12, I would dismiss this appeal with costs. Frederick Augusta Bernard Glover, J. I am of the same opinion.;