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1952 Supreme(Pat) 89

S.K.DAS, V.RAMASWAMI
Rautmal Baid Oswal – Appellant
Versus
Rameshwar Lal Somani – Respondent


Judgment

1. This rule was issued at the instance of two petitioners one of whom was the plaintiff in an action for dissolution of partnership and accounts and the other was defendant Second party in that action. The opposite parties before us were defendants first and third parties in the suit.

2. The rule is directed against an order of the learned Subordinate Judge of Madhipura, dated 30-3-1951, by which the learned Subordinate Judge asked the petitioners to pay further court-fees in the following circumstances. The suit, as I have already stated, was one for dissolution of partnership and for accounts. It was based on an unregistered deed of partnership, dated 3-7-1949, said to have been executed by the plaintiff, the defendant first and the defendant second party for the purpose of carrying on a business in the name and style of Sri Hanuman Rice and Oil Mill at a place called Murliganj. It was alleged by the plaintiff that he had contributed a sum of Rs. 72,000.00 odd towards the assets of the partnership business. The plaintiffs case was that a sum of Rs. 83,000.00 odd was due to him and he paid court-fees on that amount. The suit was based on the allegation that the plaintiff






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