B. SUBHASHAN REDDY, J.

( 1 ) THIS Civil Revision Petition arises out of an order dated 23-8-1991 passed by the learned II Additional Subordinate Judge, Vijayawada in I. A. No. 3449 of 1991 in O. S. No. 18 of 1982 refusing to recast the issue placing onus of proof on the plaintiff relating to retirement from the partnership with effect from 1-12-1978 pursuant to her letter dated 27-11-1978.

( 2 ) THE plaintiff has instituted the suit claiming the relief of dissolution of the firm and for rendition of accounts on the premise that the partnership was subsisting, while the defendants raised a contestion that the suit was not tenable as the plaintiff was no more a partner with effect from 1-12-1978 due to her retirement.

( 3 ) THE grant of relief is based on the main issue i. e. the continuance of the plaintiff as a partner in the firm concerned. If she was continuing as a partner as on the date of presentation of the plaint, she would be eligible for the relief as sought for. If she had retired as mentioned in her letter dated 27-11-1978, she would not be eligible for any relief, as the very retirement would non-suit her. In her pleadings in the plaint she took a stand that her signa

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