RAJIVE BHALLA,J - (1.) CHALLENGE in the second appeal is to the judgment and decree of learned District Judge, Sangrur dated 24.9.1996, accepting the appeal, filed by the respondents herein by setting aside the judgment and decree dated 22.12.1994, passed by the Sub Judge, Ist Class, Sunam.
(2.) THE appellants and the respondents herein were admittedly partners of M/s. Satgur Rice Mills, Sunam. The plaintiffs -appellants filed a suit for declaration, praying therein for rendition of accounts and alleging therein that the partnership stood dissolved with effect from 21.4.1991. The respondents resisted the suit and specifically pleaded that the partnership stood dissolved with effect from 21.11.1988. The learned trial Court, upon an appraisal of the pleadings framed the following issues : - "1. Whether the parties entered into partnership and partnership - deed dated 20.5.1988 was executed as alleged in the plaint ? OPP 2. Whether the partnership firm M/s. Satgur Rice Mill stood dissolved w.e.f. 21.4.1991 ? OPP 3. Whether the plaintiffs are entitled to the decree for rendition of accounts as alleged in the plaint ? OPP 4. Whether the plaintiffs have no locus standi and cause of action to file the suit ? OPD 5. Whether the suit is not maintainable in the present form ? OPD 6. Whether the suit has not been properly valued for the purpose of court -fees and jurisdiction ? OPD 7. Whether the suit is within limitation ? OPP 8. Whether the Civil Court has no jurisdiction to try the present suit ? OPD 9. Whether the partnership firm was dissolved on 21.11.1988 as alleged in the written statement of defendant No. 1 ? OPD 9A. Whether there is collusion between plaintiffs and defendant No. 3 and the plaintiffs have access/control over the account books ? If so, its effect ? OPD 9B. Whether the account books are the original genuine documents duly prepared in due course of business ? OPP"
(3.) AFTER the parties led evidence, the learned trial Court vide its judgment and decree dated 22.12.1994 held that the partnership stood dissolved on 21.4.1991 and directed the drawing up a preliminary decree. Aggrieved, by the aforementioned judgment, the respondents, filed an appeal before the Additional District Judge, Sangrur. Vide judgment and decree dated 24.9.1996, the first appellate Court, set aside the judgment of the trial Court. The first appellate Court held that the partnership stood dissolved with effect from 21.11.1988. Accordingly, it directed modification of the preliminary decree, as drawn up by the trial Court.;