A.N.Bhandari, J.

1. This appeal under clause 10 of the Letters Patent raises the question whether the proceedings before the Court of the 29th June 1950 can be regarded as "hearing" within the meaning of rule 6 of Order 9 of the Code of Civil Procedure.

2. The facts of the case are simple and not in dispute. On the 3rd August 1949 Sohan Singh and Gopi Nath brought an action for dissolution of partnership and rendition of accounts against defendants, Nos. 1 to 9 and on 29-4-1950 they obtained a preliminary decree against them. One Nathu Lal was appointed a local commissioner to examine the accounts of the partnership and to determine the liability of each of the several partners in accordance with the terms of the preliminary decree. The commissioner was to submit his report on the 25th May 1950, but he was unable to do so and was eventually permitted to present it on the 29th June 1950. The report was duly presented on that day. Defendants Nos. 2 to 9 were absent but the counsel for the plaintiffs and the Mukhtar of defendant No.1, who were present in Court, accepted the report, and the Court accordingly passed the final decree in accordance with the terms of the report.

3.