( 1 ) THE plaintiff appellant had filed a suit for dissolution of a partnership with defendant No. 1 and for accounts. The plaintiff alleged that defendant Habibuddin had entered with him in partnership for carrying on business in silk in the District of Nadia. In Bhadra, 1352 B. S. the two partners agreed to start a spinning and reeling factory with the profits of the original business and purchased a machine and set up 12 ghais for the working of the factory. It was agreed that each would have a moiety share in the Profits, assets and stock in trade of the factory and that on the dissolution of the partnership the partners would first of all repay back the capital contributed by each and then they would share equally the profits and the assets. The plaintiff further alleged that the management of the factory and of the business was entrusted to the defendant respondent who kept the funds and maintained accounts. The latter had refused either to pay the dues of the plaintiff appellant or to render accounts in spite of repeated demands and that he was appropriating to himself the funds and stock in trade of the business. The accounts previous to the starting of