CHITTARANJAN MUKHERJI Vs. BARHOO MAHTO

JUDGEMENT

(1.) This appeal arises out of an application for revocation of the leave obtained by the appellant for the institution of a suit on the original side of the High Court at Calcutta for a declaration that a partnership entered into by him with the respondent had been dissolved, or in the alternative, for a dissolution of the partnership, and for accounts and other consequential reliefs.

(2.) It was alleged in the plaint that the partnership was entered into orally at Calcutta in or about January 1944 on certain terms which were subsequently confirmed by the respondent on l4-12-l944 by a letter addressed to the appellant in Calcutta. The suit was instituted on 17-2-1947. On 3rd March 1947 the appellant applied for a temporary injunction restraining the respondent from realising or withdrawing moneys due is respect of contracts alleged to have been undertaken on behalf of the partnership and for the appointment of a receiver to take charge of the entire partnership assets. The respondent entered appearance on 11-3-1947, and with his consent an order was passed by Ormond J. appointing two joint receivers to collect Rs. 21, 000- admittedly due to the partnership from the Garrison Engineer, Eastern Command, Tollygunge, pending final disposal of the appellant's application for injunction and receiver, which was dismissed on 25-4-1947, subject, however, to the direction that the joint receivers for the sum of Rs. 21,000/- should continue and also take charge of all the books of account of the partnership business.

(3.) The present application for revocation of leave was filed by the respondent on 2-5-1947. The appellant contended, 'inter alia', that the application for revocation was inspired by the observations made by Clough J. in his judgment dismissing the appellant's application for appointment of a receiver to the effect trial he was not satisfied as to the 'bona fides' of the appellant in filing the suit in Calcutta. Referring to this contention the same learned Judge, who happened to her the application, said that he made those observations without due appreciation of the matter, and that it was