I have already heard the learned counsel Mr. Ajeet Kumar on behalf of the petitioner and learned senior counsel Mr. Keshav Srivastava on behalf of the respondents.

2. This application under Article 227 of the Constitution of India has been filed by the defendant petitioner against the order dated 3.9.2011 passed by Sub Judge-I, Darbhanga in Money Suit No. 14 of 2008 whereby the learned court below rejected the application dated 29.4.2011 filed by the petitioner under Order 14 Rule 2 of the Code of Civil Procedure.

3. The plaintiff respondents filed the aforesaid Money Suit No. 14 of 2008 against M/s. Raghav Construction through present petitioner praying for decree for dissolution of partnership firm, rendition of account, supply of detailed and correct account together, sales tax, income tax paid thereon of each contract work done by the firm along with the income derived from mixing machine and the roller of the plant production and the original ledger of the firm with income and expenditure of cash contract work since 17.10.2000 to 2008 and for passing a decree to the extent of 50% of the net income of the firm to the extent of rupees two crores in favour of the plaintiff wit