Judgement

PALEKAR, J.:- (on behalf of himself and Vaidialingam J.):- Civil Miscellaneous Petitions have been filed in the above appeals for an order that the appeals have abated.

2. A few facts are necessary to be stated. The Chapra Electric Supply Works Limited had a licence from the Government of Bihar for the electrification of the Chapra town, In 1944 the Company went into voluntary liquidation and concern was put up for sale by public auction by the Liquidator .On 15-9-1944 one Murli Prasad gave the highest bid and with the consent of the State Government the concern was purchased by Murli Prasad. By a notification dated 13-4-1945 Murli Prasad became the sole licensee.

3. The case was that for purposes of purchasing the concern and to carry on the business some five persons entered into a partnership on 11-7-1945. The partners were (1) Murli Prasad, (2) Ajodhya Prasad, (3) Parasnath Prasad, (4) Gharbharan Sah and (5) Nand Kishore Prasad.

4. In August 1950 the above partnership was dissolved and the business was taken over by a new partnership consisting of 10 partners. In the re-constituted partnership Nand Kishore Prasad was dropped and the remaining four partners of the old part