Modi, J.—This is a plaintiffs first appeal against the judgment and decree of the Civil Judge, Sirohi, dated 26-8-1950. The plaintiff Prem-chand brought a suit against the defendant Danmal in the court of the District Judge, Sirohi on the allegation that the plaintiff and the defendant carried on a partnership business in cloth and yarn and also of commission agents in Kurnool in the Madras Presidency under the name and style of Deoraj Danmal in which the plaintiff had a five annas share, the defendant a nine annas share, and half an anna share was allotted to charity. It was stipulated between the parties that accounts would be made up on Deepawali every year, and the plaintiff alleged that accounts had accordingly been settled up to the Deepawali of 1946. As the plaintiff wished to go to his native village Manora in the former State of Sirohi, the parties are stated to have further gone into accounts upto Falgun Sudi 8, Svt. 2003 corresponding to 1-3-47, and a sum of Rs. 4444/10/9 was found due to the plaintiff and credited to his account. The plaintiff further alleges to have gone to Kurnool for a brief period some time in December, 1947, when relations between the plaintiff and

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