Dr. D.Y. Chandrachud, J.

1. The Appeal arises from the judgment of a learned Single Judge dated 27 August 2013 dismissing a Motion for interim relief in a suit for partition. The Appellant is the original Plaintiff. For convenience of reference parties are referred to by their description in the suit. The Plaintiff and Defendants 1 to 8 are siblings, all of them being the children of Bhagwandas Ahuja who died on 14 April 1996. Between 1948 and 1969 Bhagwandas Ahuja carried on business of a kirana commission agency as a partner in a firm by the name of Mulchand & Co. The partnership firm had suffered larges losses and stopped its business activities in 1969. Bhagwandas was heavily indebted.

2. On 5 February 1970 the first deed of partnership was entered into, with effect from 1969, under which the First Defendant commenced doing business in partnership under the name of Kanayalal Rameshkumar. The First Defendant was the eldest son of Bhagwandas, who had ceased to carry on any business. His other sons, Defendants 2 to 4 who were then minors were admitted to the benefit of the partnership. On 5 October 1973 Bhagwandas and his two partners in Mulchand & Co. filed a petition for