MODI, J.—This is a civil regular first appeal by the plaintiff Brij Mohan in a suit for dissolution of partnership and rendition of accounts, which has been dismissed by the trial court on a preliminary point.

2. The short facts relevant for purposes of the present appeal may be stated as follows. There was a business known Jem Chemical & Pharmaceutical Works at Jaipur, which was originally carried on by the defendant N.V. Vakharia, and both the plaintiff Birj Mohan and defendant No. 2 Mohandas worked as his agents. On the 12th March, 1958, an agreement was entered into between all these three persons whereby they formed a partnership. This deed of partnership is at page 59 of the paper-book. The partnership took over the entire business which was earlier carried on by Vakharia, and it was inter alia stipulated that the plaintiff and defendant Mohandas would have a one-fourth share each in the profits and losses of the partnership business while Vakharia would have the remaining half. The only other condition which it is necessary to mention in this connection is that a sum of Rs. 20,000/-standing to the credit of Vakharia, according to the final balance-sheet as prepared on the 20t

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