H. R. Khanna, J. Judgment (Oral)

( 1 ) THIS regular second appeal filed by Krishan Dayal plaintiff is directed against the judgement and decree of learned District Judge, Mandi and Chamba, modifying on appeal the decision of the trial Court whereby the suit of the plaintiff against Chandu Ram defendant No. 1 (who died during the pendency of the proceedings and is now represented by his leagal representatives and Munshi Ram defendant No. 2 had been dismissed. As a result of the appeal, the plaintiff has been held entitled to receive Rs. 6,000 out of Rs. 16,000. 00 deposited in Court.

( 2 ) THE brief facts of the case are that on Phalgun 25, 1999 Bikrami Krishan Dayal Plaintiff, Chandu Ram defendant No. 1 and Munshi Ram defendant No. 2 entered into a partnership for extraction and sale of resin in Mandi State. A deed of partnership Exhibit PA was executed in that connection. According to the terms of the partnership deed the plaintiff was to invest the entire amount for the business of the partnership and was to get interest at the rate of Re. l per cent per annum on the amount invested. The assets of the partnership were first to be applied towards payment of the amount invested by t

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