JAGJIT SINGH Vs. NARINDER PAL

JUDGEMENT

(1.) CHALLENGE in the second appeal is to the judgment and decree of learned District Judge, Sangrur dated 24.9.1996, accepting the appeal, filed by the respondents herein by setting aside the judgment and decree dated 22.12.1994, passed by the Sub Judge, Ist Class, Sunam.

(2.) THE appellants and the respondents herein were admittedly partners of M/s. Satgur Rice Mills, Sunam. The plaintiffs -appellants filed a suit for declaration, praying therein for rendition of accounts and alleging therein that the partnership stood dissolved with effect from 21.4.1991. The respondents resisted the suit and specifically pleaded that the partnership stood dissolved with effect from 21.11.1988.

(3.) AFTER the parties led evidence, the learned trial Court vide its judgment and decree dated 22.12.1994 held that the partnership stood dissolved on 21.4.1991 and directed the drawing up a preliminary decree. Aggrieved, by the aforementioned judgment, the respondents, filed an appeal before the Additional District Judge, Sangrur. Vide judgment and decree dated 24.9.1996, the first appellate Court, set aside the judgment of the trial Court. The first appellate Court held that the partnership stood dissolved with effect from 21.11.1988. Accordingly, it directed modification of the preliminary decree, as drawn up by the trial Court.