Modi, J.—This is a civil regular second appeal by the defendant Suraj Bahadur against a preliminary decree in a suit for dissolution of partnership and rendition of accounts.

2. The plaintiffs case was that on the 27th April, 1946, he, the defendant and a third person named Anant Dattatray Ratna Parkhe had entered into a partnership for the purpose of working mica mines at village Para, Tehsil Kekri, and for carrying on business in that commodity by a partnership deed Ex. 3 which was executed at Ajmer and registered there. It was decided between the parties to carry on the business in the name of Malla & Co. This partnership continued for some time when Ratna Parke withdrew from it on the 18th May, 1949, and executed a deed of relinquishment to witness this, while the plaintiff and the defendant continued the partnership under a new deed of partnership (Ex. 1) dated the 18th May, 1949, which was registered at Kekri. Under this new deed, the shares of the partners were fixed as ten annas for the plaintiff and six annas for the defendant in a rupee from the 1st January, 1949. It was further agreed between the partners that the earlier partnership had resulted in loss to the tune of Rs

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