ABDULLA Vs. N B ALI

JUDGEMENT

(1.) This matter has appeared in the list of orders' cases; but with the consent of learned counsel on both sides, it is taken up for final hearing and disposed of by this judgment.

(2.) This appeal is by the plaintiff in O. S. 656 of 1978 and is directed against the order dated 10-1-79 made on I.A.I rejecting plaintiff's application for appointment of a receiver.

(3.) The factual antecedents are these Appellant claiming to be a partner of a firm carrying on business of Hoteliers in Bangalore City under the name and style "New Alankar Cafe" said to have been constituted under a deed of partnership dated 30-6-1967, brought the present suit for dissolution of the partnership and for accounts. Plaintiff estimated the relief as to accountability at Rs. 75,000. The suit was resisted by the defendant respondent on a number of grounds, including that the relationship between the parties was not one of partnership at all; that respondent was the sole proprietor and was and has been in exclusive control and management of the said business and that he had for some reasons,