( 1 ) THIS appeal is directed against an order dated 10-8-1994 passed by a learned single Judge of this Court whereby and whereunder the application filed by the appellant purported to be under Section 47 of the Code of Civil Procedure was dismissed.

( 2 ) THE fact of the matter briefly stated is as follows :a partnership firm in the name of Anandram Gajadhar was established as far back as in 1924. Deeds of reconstitution of partnership were executed by the parties from time to time and admittedly the last deed of partnership was executed on 7-3-1940. The partnership firm consisted of seven partners namely, Gajadhar Jaipuria, Puranmal Jaipuria, Mangturam Jaipuria, Vikram Jaipuria, Motilal Jaipuria, Ramnarayan Ojha and Shiv Narayan Poddar.

( 3 ) ON or about 15-12-1941, an agreement was entered into by and between the partners of the said partnership firm wherein it had been stated that any work done or to be done or will be done in the name of any partner or partners or any other firms or anything other name of his sons and the same shall not be considered to be belonging to such partner or partners but shall be considered to be Anandram Gajadhar. One Mangturam Ja