R.C. Lahoti, J. - (1.) . Plaintiffs have come up in appeal feeling aggrieved by an order dated 22.3.96 passed by. a learned Single Judge of this Court whereby the plaintiff's application (IA 3862/95) under Order 39 Rules I &2 Civil Procedure Code has been directed to be dismissed and the defendant/respondent's application under Order 39 Rule 4 Civil Procedure Code seeking vacating of the orders dated 5.5.95 and 22.5.95 has been allowed.
(2.) . Vide IA No.3862/95, the plaintiffs had sought for the following reliefs :- "a) Restrain the defendants from in any manner using the properties, goodwill and name of the partnership firm Shri Giriraj Trading Company and carrying on similar business in the firm's name Shri Giriraj Trading Company. b) Restrain the defendants from in any manner, selling, transferring, alienating or otherwise disposing of the assets of the partnership firm Shri Giriraj Trading Company. c) Appoint a receiver with respect to the assets and properties of the firms with the direction to take charge of the accounts of the firms. d) Ex parte orders in terms of prayer a) and b) be also granted." 2.1 On 5.5.95, the court made the following order :- "Defendants restrained in terms of prayer (a) and (b) of the I.A. till the next date." 2.2 On 26.5.95, the order dated 5.5.95 was modified permitting sale of some perishable goods and depositing the amount of sale proceeds in the Court.
(3.) . The two plaintiffs have filed a suit for declaration of shares of the plaintiffs in the profit and loss and net assets of the dissolved partnership firm Shri Giriraj Trading Company w.e.f.31.10.94. According to the plaintiffs they have 15% and 10% shares respectively. They have also sought for a preliminary decree for rendition of accounts, appointment of a commissioner to go into the accounts of the firm and incidental reliefs.;