P.C.MALLICK, J. - (1.) THIS notice has been taken out by the plaintiff for an order that the time to make an application to set aside or vary the report be extended and then to set aside or vary the said report. There is a further prayer that the decree passed on June 15, 1956 be recalled and the suit a proceeded with.
(2.) THIS suit was instituted by the plaintiff for dissolution of partnership. On June 15, 1956 a decree was passed by consent whereby Mr. H.M. Majumdar was appointed valuer to assess the value of the plaintiff's share in the partnership and on the receipt of the share so assessed the plaintiff was to retire from the partnership. Pursuant to the said decree and order Mr. Majumdar filed his report on November 17. 1958.. The present application is directed against the said report.
(3.) NORMALLY in order to discharge or vary a report beyond time the applicant is required to make two applications (1) for extension of time and (2) for varying or discharging the report. In the instant case these two have been combined in a single application. The petition is admittedly out of time. The reasons for not coming to Court within time are set out in paragraph 16 of the petition. The grounds on which the report is sought to he varied are set out in paragraph 13 of the petition. The petitioner has further prayed that the decree passed on June 15, 1956 be recalled. The ground in support of this prayer is that the petitioner consented to the decree on the representation made by the defendants that the genuine hooks of account would be tendered or produced before the valuer and this representation has proved to be false. The application is being contested by the defendants.;