JUDGMENT

M. Jagannadha Rao, J. - Leave granted.

This appeal is filed by the four plaintiffs, the widow and children of late Murlidhar Lokram Hemdev who died intestate on or about 8.5.1976. The appeal is directed against the order of the High Court of Bombay in Appeal No. 1019 of 1997 dated 12.9.97 confirming the order of the learned Single Judge dated 11.7.1997 in an application under Order 39 Rule 1 C.P.C. in Special Suit No. 83 of 1997.

2. The facts of the case are as follows :

3. There was an unregistered partnership w.e.f. 27.7.1964 (to which, of course late Murlidhar was not party) under a deed dated 4.9.1964 between five persons who were in two groups, the Sankhala group having 66 share and the Jains having 34 share. The said firm purchased land admeasuring31,075 sq. feet in Thane, with the intention of developing and selling the same. This firm is called the ‘main firm’ in these proceedings before us.

4. The main group entered into a sub-partnership, a registered firm dated 29-7-1964 with Lokram group consisting of 4 partners : (1) Kanhaiyalal Lokram Hemdev, (ii) Murlidhar Lokram Hemdev (deceased) (father of plaintiffs-appellants), (iii) Kanhaiyalal Sewaram and (iv) Srichand Dh