Harnam Singh, J. - (1.) In order to appreciate the point that arises for decision in P. A. O. No. 23 of 1952 the facts may be set out in some detail.
(2.) On 3rd August 1949, Sohan Singh and Gopi Nath two of the eleven partners of the Commercial Syndicate instituted Civil Suit No. 480 of 1949 for dissolution of partnership and rendition of accounts against nine other partners of that firm. Shri Hans Raj was defendant No. 3 in that suit.
(3.) On 29th April 1950, Dewan Chaman Lal, Subordinate Judge 1st Class, Amritsar, passed preliminary decree in Civil Suit No. 430 of 1949 fixing the shares of the parties in the business of the firm and appointing Shri Nathu Lal to be the local commissioner for the examination of accounts and report on the liability of each one of the partners. From the record it is plain that the preliminary decree was passed ex parte against Shri Hans Raj defendant No. 3. In the preliminary decree it was found that defendants Nos. 6 and 9 held 1/10th share in the partnership while the other partners had 1/10th share each in that partnership.;