S.K. MAL LODHA, J.—By this appeal under O. XLIII, r. I(s) C.P.C., the plaintiff questions the correctness of the order dated March 31, 1980 of the Additional District Judge No. 2, Jodhpur by which his application under O. XL, r. 1 C.P.C. was dismissed.

2. The plaintiff instituted a suit for rendition of accounts etc. against Hamidulla s/o Mohammed (defendant no. 1), Abdul Rahim s/o Mohammed (defendant no. 2), Inayatulla s/o Mohammed (defendant no. 3), Abdul Hakim s/o Mohammed (defendant no. 4), Abdul Wahid s/o Abdul Aziz (defendant no. 5) and Mohammed Rafiq s/o Yusuf (defendant no. 6) in the court of District Judge, Jodhpur on March 27, 1978. The plaintiff and defendants no. 1 to 4 are brothers and they are sons of Mohammed. It was alleged that Mohammed used to carry on business in Khaddi (gypsum) in the name of Mohammed & Sons at Jodhpur, Bhadwasia and other places. The said business was converted into a partnership business by Mohammed on March 1, 1949. The partnership consisted of Mohammed and his six sons. Out of six sons, Abdul Aziz has died. A deed of partnership was executed by the partners on August 10, 1951, It was duly registered. The conditions of the partnership have bee

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