JUDGMENT :

SANGEETA K. VISHEN, J.

1. First Appeal no.719 of 2024 is filed challenging the judgment dated 24.01.2024 (hereinafter referred to as “the impugned judgment”) whereby, Special Civil Suit no.21 of 2020 (hereinafter referred to as “the suit”) has been rejected. In subsequently filed First Appeal no.3375 of 2024, the challenge is to the order dated 29.09.2023 (hereinafter referred to as “the impugned order”) passed below application, Exh.52 insofar as the prayer of the plaintiff, seeking direction to the defendants to tender a duly audited accounts by the registered Chartered Accountant, has been refused. For the sake of convenience, parties to the suit, are referred to as per their original status.

2. Mr Percy Kavina, learned Senior Counsel with Mr Jamshed Kavina, learned advocate for the plaintiff submitted that the application, Exh.52, contained twofold prayers; firstly, passing of a preliminary decree, declaring the proportionate shares of the parties and to fix a date on which the partnership shall stand dissolved or deemed to have been dissolved; and secondly, direction to the defendant nos.1 and 5 to tender in Court, duly audited accounts by the Chartered Accountant alon