JUDGMENT :

The appellant was the plaintiff in O.S.No.503 of 1980 on the file of the Court of the learned II Additional Subordinate Judge (Senior Civil Judge), Vijayawada. The respondents were the defendants.

2. The appellant laid the suit for dissolution of the 6th respondent firm and for rendition of accounts. On contest, a preliminary decree was passed in this suit on 20.07.1982 declaring that the appellant is entitled to 15% of the profits of the 6th respondent among other directions.

3. A commissioner was appointed directing to determine this 15% share of the profits of the 6th respondent by the trial Court when passing the preliminary decree.

4. It appears, an application to pass a final decree was filed by the appellant in terms of the preliminary decree. A judgment was passed on 31.07.1986 by the trial Court, without referring to such proceedings being related to passing a final decree. The learned commissioner reported that the appellant did not co-operate in execution of the warrant and acting upon the same it was confirmed. The trial Court further held that the contention of the respondents that the accounts were already settled, who need not pay any amount to the appellant,