LALA LALSINGH Vs. SETH SHOBHAGCHAND

JUDGEMENT

(1.) This revision is directed against an order dated 12-12-1983 whereby the trial Court has rejected the objection raised against the preliminary decree which was passed by the trial Court in a suit for dissolution of partnership and accounts.

(2.) For purposes of taking accounts, Shri Bedekar, Advocate, Khandwa was appointed as Commissioner but it is said that he, without examining the account-books, submitted his report. Therefore, both the parties had filed their objections before the trial Court which were decided by the impugned order dated 12-12-1983 against which the present revision petition has been filed on 9-1-1984 by the applicant-defendant but at the request of the applicant's counsel, the revision was adjourned from time to time and lastly on 8-2-1984 it was admitted for hearing parties. Further proceedings in the trial Court are also stayed.

(3.) Shri R. P. Verma and Shri S. C. Jain, counsel for the non-applicant raised a perliminary objection that in the trial Court, the suit has been finally decided by the judgment and decree dated 2-1-1984. Therefore, the impugned order dated 12-12-1983 which is under challenge in this revision petition is merged in the judgment and decree dated 25-1-1984 and hence this revision has become infructuous and now the applicant may vindicate his grievances against the order dated 12-12-1983 by filing a regular appeal and may challenge the validity of the impugned order in accordance with the provisions of S. 105, Code of Civil Procedure. Therefore, on this short ground this revision must be dismissed being infructuous.