Harish Tandon, J. - (1.) THOROUGHLY confused and unmerited points have been agitated in this revisional application, as the preliminary point requiring this Court to invest lot of its time to deal with them.
(2.) THE first point of attack before this Court is that the suit as well as the revisional application is not maintainable at the instance of the plaintiffs/petitioners when one of the plaintiffs, who happened to be the partner of a partnership firm showed his intention to retire therefrom. To elaborate the said point, it is further submitted that the resultant effect of a person retiring from the partnership firm and a partner having died are one and the same. The other point, which, according to the learned advocate, strike at the root is that one of the partners having joined a government service cannot continue with the business or in the other words engage himself into a direct or indirect avocation and, therefore, the suit is not maintainable.
(3.) BEFORE proceeding to deal with the aforesaid points taken before this Court it would be necessary to adumbrate the facts germane from the pleadings of the parties.;