1. The decree of the Sub-Judge cannot be supported. He finds that the agreement relied on by the plaintiff does not bind defendants Nos. 1 to 3 and dismisses the suit as against them.
2. Assuming that the defendants Nos. 1 to 3 were not bound by the agreement, the Sub-Judge instead of dismissing the suit should have determined the amount of poruppu and road-cess payable by them The fact that they are liable for some amount for poruppu and road-cess is not denied by them, but only that they are not bound by the agreement.
3. All the parties liable to contribute were proper parties to the suit. There was no misjoinder. Therefore the suit should not have been dismissed. We must set aside the decree of the Sub-Judge and remand the appeal for disposal according to law. Costs will abide and follow the event. Fresh evidence may be taken.