A.K.Sarkar, J. - (1.) "A partnership firm under the name and style of "Gopal Bose Gangaram" was constituted by a deed of partnership dated 29th September, 1962 between Gopal Chandra Bose the defendant No. 1 Devilal Mehta the defendant No. 2 and one Pashupati Dutta. The shares of the partners in the partnership were Gopal Chandra Bose 6 annas 6 pies, Devilal Mehta 4 annas 3 pies and Pashupati Dutta 5 annas 3 pies enumerated in Clause VII of the said Deed of partnership. The terms of the partnership inter alia contained in the said Deed dated 29th September, 1962 tendered as Exhibit A in Clause XIV, "Death, incapacity, insanity, insolvency, expulsion or retirement of any partner or attachment and sale of the share of any partner for his private debts shall not dissolve the firm but shall be carried on by the other persons and in case of death of any partner his legal heirs will be taken as partner or partners". 3. On 29th May, 1977 the said Pashupati Dutta died interstate leaving him surviving the plaintiffs in the suit as his heirs and legal representatives. Upon such death his entire estate including his right, title and interest in the said partnership business, "Gopal Bose Gangaram" devolved upon the plaintiffs under the provisions of Hindu Succession Act, 1956. The partnership of "Gopal Bose Gangaram" was not however dissolved. 4. The plaintiff No. 1 Pradip Kumar Dutta, youngest son of the said Pashupati Dutta deceased, during his father's lifetime attended and was learning the said business with intent to join the same in the event of his father's death. 5. The following issues were settled in Court :- ISSUES 1. What are the scope, terms and effect of the deed of Partnership dated 29th Sep., 1962? 2. Did the deed of relinquishment vest the first plaintiff with any right, title and interest in respect of the share of the deceased partner in the partnership business absolutely ? 3. Has the plaintiff acquired any right under the deed of partnership dated 5th September. 1977? Did the partnership thereunder come into effect ? 4. Is the first plaintiff ready and willing to act as partner in spite of notice of dissolution? 5. Has the plaintiff No. I accepted the accounts up to the period ending April 13, 1977 on 1-8-1977? 6. Has the plaintiff No. 1 received any money as alleged in paragraph 10 of the written statement ? 7. Is the plaintiff No. 1 entitled to any account or any share of profit of the firm ? 8. Is the plaintiff No. 1 entitled to ask for the dissolution of the firm ? 9. Have the plaintiffs any locus standi to institute or maintain the suit? 10. To what reliefs, if any, is the plaintiff No. 1 entitled?
(2.) The Deed of partnership dated 29th Sept., 1962 was a registered deed, the shares of the parties were enumerated in Clause VII. Clause XIV provided that the said partnership shall not be dissolved on the death of any of the partners whereupon his legal heirs will be taken as partner or partners. There are also specific provisions in the said deed with regard to the rights and liabilities of each of the partners as also what would happen with regard to the business of the firm and in the event of death of any of the partners his legal heirs will be admitted as partner or partners and the business of the firm shall continue. This is in answer to Issue No. 1.
(3.) After the death of Pashupati, one day during the plaintiffs' mourning the defendants went to their house and after discussions with them decided to take plaintiff No. 1 as partner in the said business and stated that relinquishments of their right, title and interest in the share of the said business in favour of the plaintiff No. 1 by his sisters, mother and the brother, the other plaintiffs would be necessary. The Deeds of relinquishment as prepared by the Advocate of the defendants were executed by the plaintiffs except the plaintiff No. 1, relinquishing their right, title, interest in the share of the said partnership in favour of plaintiff No. 1. Six Deeds of relinquish mem are tendered and collectively marked Ext. 'C' There was no cross-examination of the plaintiff No. 1.;