JAWANMAL Vs. KANTILAL

JUDGEMENT

(1.) THIS is an application in revision under sec. 115 of the Civil Procedure Code against the order of the Civil Judge, Sirohi, dated 23rd August, 1952.

(2.) THE facts giving rise to it are that the petitioner Jawanmal brought a suit against seven defendants of dissolution of partnership and rendition of accounts. Defendant No. 3 Lalchand was described as a minor and his eldest brother Kantilal defendant No. 1 was shown as his guardian in the plaint. THE trial court passed a preliminary decree on the l2th of January, 1952 against the defendants declaring that partnership had come to an end on Kartik Vadi 15, Svt. 2003. Proportionate shares of the parties in the partnership were also declared and it was ordered that accounts be taken. THE suit was adjourned, for making a final decree, to 15th February, 1952.

(3.) IN the fourth case of Ramnarayan Vs. Ram Das (1) (AIR l929 All. , 65.) it was held that a court cannot at the time of passing the final decree go behind its own preliminary decree where it has become final by not being appealed against.