1. The maintainability of this suit for dissolution and rendition of accounts of running partnership concern has been challenged by defendants on more than one grounds which have given rise to the following preliminary issues being framed on 25-8-1977 :

(1) Whether the value of the suit for the purposes of court fee and jurisdiction is not properly fixed ? If so, what is the proper value ? O.P.D.

(2) Whether the suit of the plaintiff is barred by the principles of res-judicate ? O.P.D.

(3) Whether no valid leave to bring the present suit was obtained from the Court and as such the suit is not maintainable ? O.P.D.

Learned counsel for the parties did not lead any evidence on these preliminary issues and only addressed their arguments.

ISSUE NO : 1 :

2. The plaintiff has valued the suit for the purpose of Court fee and jurisdiction for the relief of rendition of accounts at Rs. 100/-, However, so far as the relief of dissolution of partnership is concerned, the plaintiff has valued the suit for purposes of jurisdiction at Rs. 55,000/- and paid a fixed court fee of Rs. 12.50. Mr. J.S. Kotwal, learned counsel for the defendants argued that this course is not permissible and that the plaint

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