R.P.MOOKERJEE, J. - (1.) THIS is an appeal on behalf of three of the defendants, in a suit brought by the plaintiff for the dissolution of a partnership business, for taking accounts and for the appointment of a Receiver for the collection and distribution of the assets of the partnership. The suit has been decreed. Hence this appeal.
(2.) AS the learned Subordinate Judge has disposed of the case on a short point that the observation by this Court in 'Sailendra Nath v. Chittar Ram', A. P. O. O. No. 151 of 1949 (Cal) (A) is binding on the 'Court at this stage the suit has to, be decreed accordingly; many of the points which arise for decision were not accordingly considered on the merits. It will not be necessary, therefore, to refer at this stage to all the points raised in the pleadings. To appreciate the point in issue we may refer to the salient facts only. The plaintiff and the defendants 1 to 4 were partners in a business for running a talkie house - called the 'Mahalakshmi Talkie House' situated in a village in the District of Hooghly. The terms of the partnership were recorded in a registered deed executed on 23 -1 -1947. The plaintiff's case 'inter alia' was that one of the defendants who had been in charge of the business along with two other defendants had been acting in a manner prejudicial to the interest of the partnership and had gone against the terms of the agreement. He prayed for dissolution of partnership and for accounts etc.
(3.) THREE of the defendants who are the appellants before this Court entered a joint defence controverting the allegations made in the plaint and pleading 'inter alia' that there had been no breach of the terms of the agreement, and a dissolution at this stage would be in violation of the terms contained in para. 14 of the partnership deed.;