JAGAT NARAYAN, J.—This is a revision application against an order of the Civil Judge Banswara dated 21.11.55 dismissing a suit for dissolution of partnership and rendition of accounts in which a preliminary decree had been passed on the application of the plaintiff under O. 23, R.1(1) C.P.C. and against his subsequent order dated 18.6.56 refusing to review his earlier order.

2. The facts which have given rise to this application are these. Chiranjilal respondent No. 1 instituted a suit for dissolution of partnership and rendition of accounts against the four applicants Mathuralal, Nanalal, Manaklal and Babulal and the remaining three respondents Maganlal, Karulal and Surajmal on 28.11.53 in the court of the Civil Judge, Banswara. A preliminary decree was passed in the suit on 16.8.54. Only Maganlal defendant appealed against this decree. The appeal was dismissed by the District Judge on 18.4.55. Maganlal filed a second appeal in the High Court which was withdrawn by him on 26.4.56 and was dismissed as having been withdrawn.

3. Under the preliminary decree a lawyer was appointed as commissioner to go into the accounts and submit a report in order to enable the court to pass a final de

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