MANNALAL Vs. MODI RAMCHANDRA

JUDGEMENT

(1.) BY the Court - This appeal has been preferred by Mannalal on his own behalf as well as on behalf of his minor son Kailashchandra against the order of the District Judge, dated 18th October, 1947, remanding the case under O. 41, R. 23, C. P. C. to the court of the Munsif Alwar for disposal according to |law after impleading Ramdayal's legal representative as defendant.

(2.) THE facts of the case are that the plaintiff Modi Ramchandra brought a suit in the original court against Mannalal, Banarsidas, Kailashchandra and Dayanand for the dissolution of partnership and settlement of accounts of the firms named Dayanand Kailashchandra and Ramchandra Mannalal, which was resisted by the defendants inter alia on the ground that one Ram-dayal who was also a partner in the firm was not maintainable. THE Munsif dismissed the suit on the ground that the plaintiff failed to prove that he had a share in the partnership and that he was not entitled to the reliefs claimed On an appeal being taken by the plaintiff to the court of the district Judge the suit was remanded for trial on merits. An appeal was preferred to the High Court of Alwar against the decision of the District Judge with the result that the order of the District Judge was upheld and certain directions were given to the trial court for the conduct of the proceedings. One of the directions was that in order to determine whether Ramdayal had any share in the partner ship business, he should be impleaded as a defendant.