ORDER:- This is an application under Section 115 of the Code of Civil Procedure against an order passed on 2-4-90 by the Asst. District Judge, Jorhat in Misc. Case No. 50 of 1989 which arose out of money execution case No.6/1989 allowing the objection under Section 47 of the code of civil Procedure and dismissing the execution case No. 6 of 1989.

2. Heard Mr. B. K. Goswami, learned Senior Advocate for the petitioner and Mr. G.N. Sahenwalla, learned counsel for the Respondent.

3. The facts in short are as follows.

4. The plaintiff entered into a partnership with the defendant Nos.1 and 2 to do business under the name and style of "Scientific Supply House "the defendant No.3. The case of the plaintiff is that the defendant No. 2 was the son of defendant No. 4 who in fact negotiated the terms and conditions of the partnership agreement. The defendant No.4 also kept the accounts of the firm and also presided over the meetings of the firm. He also supplied capital to the firm if necessity arose. In short the defendant No.4 was de facto partner of the partnership firm. Subsequently by a letter dated 11-4-75 the plaintiff submitted his resignation from the partnership. The said lett