CHILLAKURU CHANDRASEKHARA REDDY Vs. PAMURU VISHNU VINODH REDDY

JUDGEMENT

(1.) This revision arises out of an order of the learned Additional District Judge in I.A. No-270 of 1987 in O.S. No. 126 of 1976.

(2.) The petitioner is the third defendant in the suit.

(3.) The facts in brief are as follows:--One Sri Pamuru Rama Subba Redtly filed the suit O.S. No. 126 of 1976 for dissolution and accounting of the partnership assets of the firm Vijaya Mahal theatre constituted on 1-4-1962. The defence in the suit was that the plaintiff and the 4th defendant retired from the partnership in the, year 1971 and therefore the plaintiff is not' entitled to seek the dissolution of the partnership and for settlement of the accounts of the partnership. The suit was decreed by the trial Court dissolving the said firm and also directed to take accounts. On appeal in A.S. No. 481 of 1979, the High Court by judgment dated 24-11-1983 affirmed the findings of the trial Court that no consideration was paid to the plaintiff towards his share in the assets of the said firm and that the plaintiff agreed to retire from the partnership. The High Court, however, set aside the decree for dissolution of the firm and directed the defendants 1 to 5 to pay the amounts due to the plaintiff towards his share in the assets of the firm on valuation without resorting to the sale of the assets of the firm. The High Court directed the trial Court to make an enquiry into the valuation and further directed to decide the date on which the valuation of the plaintiffs share shall be arrived at, taking into account that the plaintiff's share was not paid to him. It was also directed to implead one Sri M. Sub-bareddy as a party to the suit. The High Court accordingly allowed the appeal and directed only payment of the value of the plaintiffs share. The suit against the 6th defendant was, however, dismissed. Against the said judgment, a Special Leave Petition was filed before the Supreme Court, which was, how- ever, dismissed as withdrawn in 1987.