1. This appeal under Section 100 of the Code of Civil Procedure is at the instance of the original plaintiff who had filed Special Civil Suit No. 74 of 1999 against the respondent original defendant for recovery of Rs.1,08,009.00 and for rendition of accounts of unregistered oral partnership between the parties. It is the case of the plaintiff that the plaintiff and the defendant decided to purchase one truck belonging to Shri Dipakkumar Himatlal Shah and to do the business of transportation with the said truck in partnership and agreed to equal share in the business of partnership. It is further case of the plaintiff that on 4.9.1998, the plaintiff paid Rs.75,000.00 in cash to the defendant for purchase of the truck and thereafter, paid further amount of Rs.17,000.00. Thus, in all, the plaintiff paid Rs.92,000.00 and the truck was purchased from said Shri Dipakkumar Himatlal Shah. That the value of the truck was fixed at Rs.3,21,000.00, out of which, the plaintiff paid Rs.92,000.00 and the defendant gave his plot of Rs.83,250.00 and also paid Rs.7636.00 in cash. There was outstanding loan from the bank for Rs.1,38,114.00 and on repayment of the said loan, Shri Dipakkumar