( 1 ) THIS appeal has been filed by the plaintiff, who had filed a suit for dissolution of the firm known as rajiv Prakashan, and for accounting against the defendant-respondent-Santosh Pal Dublish. Earlier to the formation of the partnership firm between the plaintiff and defendant, another firm with the same name and style, namely, rajiv Prakashan, which stood dissolved on 31-3-1966, in which apart from the plaintiff and defendant, S/sri Budh Prakash Rastogi, and Sushil Kumar Rastogi were also partners. The new firm was created on 1-4-1968 with only plaintiff and the defendant as partners. Plaintiff filed suit No. 933 of 1969 praying for the relief of dissolution of the firm and for the accounting from Apr. , 1966 to Nov. , 1969. The suit was filed on 15-11-1969. After the suit was filed by the plaintiff, a Commission was issued by the Court ex parte. The commission visited the shops of the firm on 16-11-1969 for inspection. It appears that after the visit of the Commission at the firms shops, certain developments took place, which ultimately resulted in the withdrawal of the suit by the plaintiff somewhere either on 20th or 21st Nov. , 1969. Before that, with the