Deepak Maheshwari, J.

This appeal has been preferred against the judgment and decree dated 29.01.1993 passed by learned District Judge, Balotra in Civil Original Case No. 15/1987 whereby, he dismissed the suit for recovery of Rs. 25,570/- filed by the plaintiff-appellant.

2. A suit was filed by plaintiff-appellant on 24.03.1987 stating therein that he and defendant-Devaram were partners in three firms which were carrying on business holding license for poppy husk and liquor. On 28.06.1983, defendant came to the house of plaintiff at Balotra and cleared the accounts of these firms upto the period 1983-84. Plaintiff had invested Rs.50,000/- in the business and a loss worth Rs.46,000/- came to his share. Defendant paid him Rs.4,000/- and a deed (Ex.1) was executed by him whereby, the plaintiff was ousted from the partnership business. It was also decided that the liability to pay any Government due, penalty, recovery, etc., would be of the defendant alone. Despite that, Excise Department issued notice to the plaintiff for realisation of the amount due. Plaintiff asked the defendant to deposit the said amount but he showed his inability then, the plaintiff deposited the amount