J INDRA KUMAR Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS appeal has been filed against the' preliminary decree passed by the learned Additional District Judge, No. 2, Sri Ganganagar dated August 3, 1990 by which the shares of the parties and the date of dissolution of the partnership have been adjudicated and the parties have been directed to produce all the account books of the partnership firm since April 2, 1981 before the Commissioner by August 18, 1990 and the Commissioner has been required to examine the account-books and to submit his report.

(2.) THIS preliminary decree has been challenged by the learned counsel for the plaintiff-appellant on two grounds namely, in directing the plaintiff-appellant only to produce the account-books and in examining the accounts from the commencement of the partnership business. His contention is that the accounts were duly settled in between the parties on March 31, 1985, as such there is no question of examining the accounts of the period prior to this date, and the accounts can be taken by the Commissioner with effect from April 1, 1985. He relied upon Suraj Bahadur vs. Mahadev (1 ).

(3.) CONSEQUENTLY, the appeal is dismissed with costs. The trial court will expeditiously decide the application moved under order 40 rule 1, C. P. C.