DAYALAL TRIKAMLAL MALI Vs. HARJIVANDAS MADHAVJI MALI

JUDGEMENT

(1.) This appeal is directed against the preliminary decree passed by the Civil Judge (S.D.) at Bhavnagar in Special Civil Suit No. 21 of 1966 on 7-9-1976. The appellant is the original defendant while the respondents are the original plaintiffs. The short facts which gave rise to this appeal may be briefly stated as under:

(2.) The plaintiffs and the defendant had entered into a partnership agreement exh. 82 on 29-3-1961. The parties had kept one contract in the name of the defendant regarding murrum work on Rajasthali-Bhandaria road in Palitana District Bhavnagar. The defendant had 50% share in that partnership and each of the plaintiffs had 25% share. That partnership was for that particular work only It was specifically provided in the deed that so soon as the work is completed the partnership would stand dissolved automatically. That work was completed. The final bill was prepared and thereafter the amount was not paid though notice dated 17 was addressed to the defendant and as a result the suit came to be filed.

(3.) Various contentions were raised by filing written statement and the learned Civil Judge framed issues is exhibit 45 and found all issues practically in favour of the plaintiffs and passed preliminary decree. that decree is challenged by filing this appeal.