( 1 ) THESE two appeals have been heard together as they raise several common questions of law and fact. Second Appeal No. 643 of 1952 arises out of a suit brought by the respondent Ranjit Kumar Bose for a declaration that certain electrical goods that were attached in an execution case in execution of a money decree obtained by him against Asia Electric Works are in law liable to attachment and sale in execution of that decree and for setting aside the order passed by the executing Court in an application under Order 21, Rule 58 of the Code of Civil Procedure by the Asia Mechanical and Electrical Works Ltd.

( 2 ) IT appears that two persons, Hrishikesh Mondal and Dasurathi Mondal, carried on business as partners in a firm in the name and style of Asia Electric Works. On 18-1-1947 three other persons, Gouri Sankar Sheroff, Baidyanath Sarkar and Atul Chandra Banerjee, were taken as additional partners and the firm as newly constituted continued business till the 31st day of October, 1947 on which date the two partners Hrishikesh and Dasurathi retired under a deed registered on that date. The three continuing partners, Atul Chandra Banerjee, Baidyanath Sarkar an