Mahendra Bhushan, J.—This is Civil Miscellaneous Appeal against the Order dated, September 20, 1980 of the learned Additional District Judge No. 5, Jaipur City allowing the application of plaintiff-respondents No. 1 and 2 under O. 40 R. 1,C.P.C.

2. The facts relating to this miscellaneous appeal are these. Hotel Kanti Chandra Palace is a registered partnership concern. A partnership deed was executed on September 15, 1976. The parties are all partners of the said Firm, Appellant No.l, Abani Kumar Mukherjee, is the owner of land and building. He agreed to lease out the land and building measuring 2500 Sq. yards situated at Hathi Baba-ka-bagh, Station Road, Jaipur including 3000 Sq. ft. underground for the business of the Firm and he was to receive a sum of Rs. 2000/- p.m. as the lease money and was also to be a partner to share the profits and losses. Respondents No. 1 & 2 were required to invest a sum of about Rs. 2 lacs in the additions, alterations and furnishing of the hotel Kanti Chandra Palace. It is said that a sum of Rs, 2,23,102.81 was invested by respondents No. 1 and 2 towards the partnership business and the Hotel was inaugurated by one Girdhari Lal Bhargava on June 7, 19

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