( 1 ) THE instant appeal is directed against the error of the learned trial Judge dated 30th November, 1998 on an application of the appellants/defendants Nos. 2 and 3 inter alia, praying for revocation of leave granted under Clause 12 of Letters Patent and for dismissal of the suit. By the said order, the learned single Judge dismissed the application of the appellants/defendants Nos. 2 and 3.

( 2 ) FOR the sake of convenience, reference to the notice in this judgment shall be made as they have been arrayed in the suit being C. S. No. 393 of 1997. The plaintiff is respondent No. 1 in the instant appeal and the defendant No. 1 is respondent No. 2 herein. Defendants Nos. 2 and 3 are the appellants in the instant appeal.

( 3 ) THE case of the plaintiff as set out in the plaint, briefly stated, is that in or about 1979 Krishna Lal Jaiswal (since deceased) began carrying on business in partnership with his two sons, being plaintiff and one Aswini Kumar Jaiswal under the name and style of M/s. Sujata Picture Palace at 3a, Madan Street, Calcutta. The said Krishna Lal Jaiswal died on September, 1982 and the partnership was reconstituted with plaintiff, his mother be