JUDGMENT : This appeal was originally filed by the defendant Damodardas who died during the pendency of this appeal and so it is now being continued by his legal representatives. It is directed against the judgment and decree dated 30th March, 1961, of the District Judge. Jaipur District, Jaipur, in a suit for dissolution of partnership and rendition of accounts. The learned District Judge by his decree has declared that Damodar and his two sons Dwarka Das and Gordhandas are entitled to six annas share in 3 lakh carat white synthetic stones contained in GL/11, or if already sold, to six annas share in the net profit thereof from the defendant Damodardas. He has also appointed a Commissioner to go into accounts and submit his report.

2. The suit was instituted by firm Ram Narain Damodar, Johari Bazar, Jaipur, through Damodar and Dwarkadas and Gordhan Das sons of Damodar Malpani, proprietors of the firm Ram Narain Damodar, on 13th April, 1944, against Damodardas Khandelwal. It was alleged that both parties had their business in the city of Jaipur and were dealing in precious stones. In July, 1941, it was agreed between Gordhan Das acting on behalf of the firm and the defendan