T V RAMAKRISHNAN J.

The appellant herein is Sri Murugan Oil Industries Private Ltd. by its managing agents, Kolandaiyappan, defendant in O S No. 219 of 1958 on the file of the District Munsif of Karpur. The suit was filed by two partners of a firm for dissolution and rendition of accounts against the third partner. The trial court decreed the suit and this was confirmed by the lower appellant court. The defendants appealed. The prior circumstance necessary for a consideration of this second appeal are the following

On February 4, 1955 a deed of partnership was entered into between (1) A T V Suryanarayana Chettiar (2) A T V Ramachandran Chettir and (3) M Kolandaiyappan managing agent, Sir Murugan Oil Industries Ltd. for and on behalf of the said company. The agreement went to recite that Kolandaiyappan who is the proprietor of another company, M Kolandaiyappan and Co conducted and managed in his capacity as managing agent, the Sri Murugan Oil Industries Ltd. In the course of the management of the latter company it was found that there were no proper facilities for the conduct of the business and in accordance with the resolution of the managing committee of the said Muruga