( 1 ) THIS is an application under Order 41, Rule 5, Civil P. C. The point for consideration is wether pending R. A. 64 of 49-50, the execution of the decree of the lower Court has to be stayed on appellants furnishing security.

( 2 ) THE lower Court has passed a decree for payment of Rs. 12,000 claimed to have been contributed by the plaintiffs towards their share of capital of a partnership concern for the dissolution of which the suit was filed and has passed also a preliminary decree for dissolution of partnership with a direction that accounts should be taken for ascertaining the income of the partnership concern. It is contended on behalf of the appellants that even if the plaintiffs have contributed Rs. 12,000 towards capital to the partnership concern there can be no decree for any amount at this stage, i. e. before accounts are taken. What is due to the plaintiffs or by them can only be ascertained after going through the accounts and in case there was a loss as contended by appellants, their share of the loss has to be adjusted out of the capital contributed by them. Form no. 22 of Appendix D of Schedule I, Civil P. C. , supports the contention of appellants that it is p

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