S.K.Mal Lodha, J. - (1.) This is a plaintiff's second appeal against the Judgment and decree dated Oct. 21, 1967 passed by the learned District Judge, Partabgarh by which he maintained the dismissal of the suit for dissolution of partnership and rendition of accounts.
(2.) The plaintiff has alleged in the plaint dated July 17, 1963 that defendants Nos. 1 to 4 are sons of defendant No. 5, who died during the pendency of the suit and in his place, defendants Nos. 5/5 and 5/5 were impleaded as parties to the suit; that the defendants and the plaintiff jointly purchased truck No. RJY 1497 on May 23, 1962 for Rs. 6011/-from one Baldevsingh son of Govindsingh, resident of Kankroli and that it was agreed to ply this truck jointly (in partnership) and the following terms wore orally agreed, - 1. That the aforesaid truck will be jointly owned by the plaintiff and the defendants and 1/2 of its costs will be paid by the plaintiff and the other 1/2 by the defendants. 2. That as the defendants did not have sufficient amount, the plaintiff will invest more amount but the defendants will be liable to pay interest @ 2% per mensem to the plaintiff on that amount.
(3.) That the plaintiff and the defendants will share profits and loss in this business half and half.;