JUDGMENT

K.RAMASWAMY, J.:— Special leave is granted.

2. The appeal arises against the judgment and decree of the Division Bench of the Madras High Court dated November 17,1988 made in L.P.A. No. 113 of 1986 (reported in (1 989) 103 Mad LW 1) reversing the judgment and decree of the learned single Judge and of the First Addl. Subordinate Judge, Pondicherry in O. S. No. 206 of 1978. The facts are that the appellants/ defendants 1 to 3 and the respondent/plaintiff are sons of the 4th appellant/defendant - their mother. Their father M. 0. Hassan Kuthus Marican, started the proprietary concern M/ s. M. 0. Hassan Tithus Marican doing import. and export and other business in Pondicherry. On July 20, 1962, a partnership consisting of the appellants, the respondent and the father, Ex. B 1 (a translation copy in English in Ex. B 1 / a) was constituted and was registered as per the provisions of the French Law and the business was carried on. By relinquishment deed, Ex. B2 dated August 1, 1968 their father had retired from the partnership. Thereafter the appellants and the respondent continued the business in terms of Ex. B2. When misunderstanding between the parties had arisen, as pleaded by