JUDGMENT

Shivaraj V. Patil, J.-The few facts which are relevant and necessary for disposal of this appeal in brief are that one Pamuru Rama Subba Reddy filed the suit O.S. No. 126 of 1976 for dissolution and accounting of the partnership assets of the firm Vijay Mahal Theatre. The defence set up to resist the suit was that the plaintiff and the 4th Defendant retired from the firm in the year 1971 and, therefore, the plaintiff was not entitled to seek dissolution of the partnership and the settlement of the accounts. The suit was decreed. In the first appeal, the High Court affirmed the findings of the trial court; however, set aside the decree for dissolution of the firm and directed the defendants to pay the amounts due to the plaintiff towards his share in the assets of the firm on valuation without resorting to the sale of the assets of the firm. The High Court directed the trial court to make an enquiry into the valuation and to decide the date on which the valuation of the plaintiff s share shall be arrived at taking into account that the plaintiff s share was not paid to him. Against the said judgment of the High Court, special leave petition was filed before this Court which