ORDER :- Special Leave granted.

2. At the request of the parties we proceeded to hear the matter on merits. We heard Dr. Y. S. Chitaley for the appellant and Mr. S. C. Birla for the respondents.

3. Appellant as plaintiff filed a suit for dissolution of partnership and rendition of accounts of a firm styled as Shyam Bricketing Udyog having its principal place of business at Etah in the State of Uttar Pradesh. The trial Court in this suit granted relief of dissolution of firm effective from November 23, 1976 and passed a preliminary decree for taking accounts. The defendants after an unsuccessful appeal to the first appellate Court approached the High Court in second appeal. The High Court allowed the appeal, set aside the concurrent findings and dismissed the plaintiffs suit with costs throughout. Hence this appeal by special leave.

4. Plaintiff-appellant filed the suit for dissolution of firm and rendition of accounts alleging that the partnership was a partnership at will and by the notice and by institution of the suit the firm stood dissolved effective from November 23, 1976. The respondents resisted the suit alleging that the partnership is not a partnership at will. Two questions