JUDGMENT - PATEL H.D., J.:---A decree for Rs. 8,92,815,14 was passed against the original defendants Nos. 1 to 9 holding them jointly and severally liable to make payment to the plaintiff by judgment delivered on 29-4-1987 in Special Civil Suit No. 52 of 1980 by the Third Joint Civil Judge (Senior Division), Nagpur. Feeling aggrieved thereby the present appeal is filed by the original defendants Nos. 1 to 3.

2. The facts relevant for the purpose of deciding the appeal are as follows:

The plaintiff No. 1 carried on the business as wholesale paper merchant under the name and style "Dinesh Paper Mart" being the sole proprietor. The said business is now taken over by the partnership also in the name of "Dinesh Paper Mart" with all its existing assets and liabilities with effect from 1-1-1980. The suit claim being one of the assets of the partnership firm it was joined as plaintiff No. 2. After formation of the partnership the plaintiff No. 1 Purushottam became the partner of the firm. The plaint is signed by plaintiff No. 1 as an individual as well as the partner of the firm.

3. The defendant No. 1 was a registered partnership firm of which the defendants Nos. 2 to 9 were the partners. I

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