( 1 ) THIS appeal arises out of execution proceedings. One Debi Das had six sons, Shyam Sunder das, Gauri Shanker, Ram Chander, Balkrishna, Mohan Lal and Ram Kishan. Ram Kishen died leaving a widow Mt. Kaso Devi- respt. She sued her husbands brothers and obtained a decree, on 9-1-30 for future maintenance under which a charge was created upon certain family properties including a l/6th share in a partnership firm known as Krishna and Co. carrying on its business at banaras city. Gauri Shankers share was later on acquired by Mohan Lal, the 5th brother, and in this way Shay am Sunder Das, Ram Chander and Balkrishna were partners in the partnership firm of l/5th each out of l/6th share and Mohan Lals share was 2/5th out of l/6th share.

( 2 ) IN 1935 Sita Ram, one of the patnrs. of Krishna and Co. , filed a suit for the dissolution of the partnership and for accounts. To this suit all the other patnrs. including Shyam Sunder Das, Gauri shanker, Ram Chander, Balkrishna and Mohan Lal were parties. On 2-9-36 a preliminary decree was passed directing the dissolution of partnership, and the appointment of a receiver for taking accounts and realising partnership assets by sale o