Mungeshwar Sahoo, J.

1. The plaintiffs have filed this First Appeal against the judgment and decree dated 12.9.1962 passed by the learned 1st Additional Subordinate Judge, Ara in Title Suit Nos. 32 of 1957/5 of 1962 whereby the Court below dismissed the plaintiff-appellant's suit.

2. It may be mentioned here that this First Appeal was decided by this Court by judgment and decree dated 21.8.1997 whereby the First Appeal was dismissed on the ground that the suit is barred under Section 69 of the Partnership Act. Against the judgment and decree, L.P.A. was filed by the plaintiffs. The L.P.A. Court also dismissed the L.P.A. on 7.1.1998 and confirmed the judgment passed by the Single Judge. Thereafter, the plaintiff filed Civil Appeal No. 6062 of 1998. The Hon'ble Supreme Court by terms of judgment dated 15.7.2004 passed the following order:

"We, therefore, set aside the impugned judgment as well as the judgment of the First Appellate Court and restore First Appeal No. 943/1971 to the file of the Patna High Court. The High Court will decide on basis of available evidence and material whether the Trial Court has correctly answered issue Nos. 6, 7, 8 and 9. It is clarified that the