JUDGMENT

S.B.SINHA, J. —

1.Leave granted.

2.This appeal is directed against the judgment and order dated 20/9/2006 passed by a Division Bench of the Andhra Pradesh High Court in C.C.C.A. No. 253/2004 and the application for adduction of additional evidence marked as City Civil Court Appeal Misc. Petition No. 239 of 2006, whereby and whereunder the application filed by the respondent herein, purported to be under Order 41 Rule 27 of the Code of Civil Procedure was allowed.

3.The parties entered into a partnership. The said partnership was reconstituted on 1.7.1994. Plaintiff -respondent contended that pursuant to the reconstituted partnership deed, the appellant had handed over certain works to the respondent-firm for its execution. It is also not in dispute that the appellant herein retired as a partner from the said Firm. However, it has been contended that despite his retirement, the appellant had requested the respondent to continue the work allotted in his name so as to protect his turnover and continuation of his registration as a special class contractor. Further, the case of the respondent was that the appellant was to hand over the payment which he is supposed to receive