- (1.) HEARD Mr. D. Majumdar and Mr. B. Habung, learned counsel for the appellant-defendant and also heard Mr. T. Pertin, learned counsel for the respondent-plaintiff. The present apeal has been preferred under Section 48 of the Assam Frontier (Adminsitration of Justice) Regulation, 1945 (in short, called the 'regulation, 1945') read with Section 96 of the Code of Civil Procedure against the judgment and order dated 18. 5. 2006 passed in Title Suit No. 01/1995 by the Deputy Commissioner, Lower Subansiri District, Ziro, whereby the respondent's/plaintiff's suit for dissolution of the partnership firm under the name of M/s. Laali Gyochi Gas Service, was decreed and Deputy Registrar of the Cooperative Societies, Ziro was appointed as a Commissioner to take accounts of the Firm.
(2.) THE questions for consideration in the present appeal are : (i) Whether the deposition/evidence of plaintiff in earlier case/money suit for recovery of Rent could be allowed to be accepted or treated to the deposition/evidence of same plaintiff (in reference to Section 33 of Evidence Act) in an another Case/title Suit, between the same parties, without fulfilling the preconditions and requirements of Section 33, more so, without rendering and bringing on record for cosnideration in evidence for proving the same consistent to the procedural law governing the trial of civil cases/suits, for the purpose of dissolution of firm by Court under Section 44 of The (Indian) Partnership Act ? (ii) Whether irrelevant, inadequate and inadmissible evdences/depositions of plaintiff in earlier case/money Suit, could be made relevant, adequate and admissible for the same plaintiff with the consent of the parties (i. e. with the consent of plaintiff and defendant) in another case/title Suit ?
(3.) THE necessary facts for adjudication of the present appeal are that an agreement dated 20. 03. 1090 between Shri Hage Tara, Appellant-defendant and Shri Hage Appo, Respondent-plaintiff in connection with the management of M/s. Laali Gyochi Gas Service, Ziro, was entered into and the text of such agreement is extracted as below : JUDGEMENT_32_GAULTSUPP1_2006Html1.htm;