JUDGMENT

1. This is an appeal from an order of the First Additional Subordinate Judge Moradabad passed on an application for restitution u/s 144, Civil Procedure Code. The plaintiff in the suit was Seth Ram Gopal. He sued for dissolution of a partnership in two ginning factories; one at Saharanpur and the other at Chandausi, and for partition of its assets. The suit was defended on the ground that the partnership was illegal owing to the fact that there were more than 20 share-holders in the factory from the very beginning. There were two other suits, also brought by Seth Ram Gopal, for dissolution of partnership in respect of two other factories at Chandausi. In each case the principal defendant was Rai Bahadur Mewa Ram. All the three suits were decreed by the Subordinate Judge of Moradabad, but we are concerned only with the suit dealing with factory at Saharaupur and the old Ginning Factory at Chandausi.

2. In this case the decree of the Subordinate Judge included the direction that a Receiver should be appointed. This order was passed on the 10th August, 1922. On the 23rd August, 1922, the parties came before the Court and agreed that the defendant No. 1, R.B. Mewa Ram, should be