JUDGMENT

B.D. Agarwal, J. - These connected appeals arising out of U. S. No. 487 of 1983 instituted in the court of Civil Judge, Agra give rise to common questions of facts and law and are being disposed of together.

2. The following pedigree serves to elucidate the relevant facts.

3. Adi Ram Singbal had for long, been in the business of milk dairy. On November 1. 1958 he formed a partnership firm in the name and style of Singhal Daiq with his son Krishna Swarup (hereafter referred to as the respondent). The firm was registered on December 26, 1958. The share of Adi Ram was agreed to be IQ Annas in the rupee and the respondent the remaining 6 Annas share. The firm was engaged in selling: milk, butter and ghee. By another agreement of partnership entered into on February I. 197(1 the share of Adi Ram was specified as 63p. and the share of the respondent was specified as 37p. The firm resolved to confine itself to sell milk. The business relating to the manufacture of butter and ghee was allocated to another partnership constituted in the name of Singhal Dairy (Butter) comprising of Smt. Mohani Devi (wife of Adi Ram Singhati and their daughter Smt. Shashi Rani.

4. Later respondent dissociated himself from the partnership. It was dissolved with effect from January 31. 1971. The accounting also took place and the amount found due to the respondent was paid to him. On February 5, 1971. Adi Ram Singhal entered into another partnership agreement with his son-in-law, namely Suresh Chandra and the daughter Smt. Saroj Rani. The share of the parties in the profit and loss of the firm was allocated as 55 p. to Adi Ram 30 p. to Suresh and 15 p. to Smt. Saroj Rani who invested a sum of Rs. 10,000/-. The partnership was at will. On February 26, 1970 Adi Ram executed a registered will which, however, was kept under the sealed cover.

5. Adi Ram died on May 16. 1983. His wife had predeceased having died on March 28. 1982. The will made by Adi Ram was opened on August 20. 1983. Dispute arose between the parties. Suresh Chandra and Smt. Saroj Rani instituted 0. S. No. 338 of 1983 in the Court of Munsif Fatehabad at Agra on September 1983 claiming injunction against the respondent preventing him from interference with the plaintiffs in running the business of Singhal Dairy (Milk) of which they had been partners along with Adi Ram deceased and an ad interim injunction was issued therein by the trial court on September 5, 1983. This was followed by 0. S. No. 487 of 1983 brought by the respondent in the court of Civil Judge, Agra. on September 8. 1983, against Suresh Chandra, Smt. Saroj Rani and Smt. Shashi Rant. The respondent alleged that in terms of the partnership agreement entered into by his father of February 5. 1471 he was to he deemed a partner in that firm on his death and that he had also communicated his desire to become a partner on coming to know of the said partnership deed. There was no response from the side of the defendants whereupon he dissolved this partnership at will by his telegram dated September 6. 1983. It was asserted that he has share in the firm to the extent of 68.05 p. Relief claimed is that the defendants be directed to render account and pay to the plaintiff such amount as is found due to him.

6. An application for temporary injunction was also made by the respondent in O. S. No. 487 of 1983 above mentioned to restrain the defendants from carrying on the business of the firm. The injunction was granted by the Civil Judge under order dated September 9. 1983 in his favour. On an application made by the defendants under S. 24. C. P. C.. both the suits Nos. 338 of 1983 and 487 of 1983 were transferred by the District Judge on September 13, 1983 to the Court of First Additional Civil Judge. Agra, for disposal. The First Additional Civil Judge on an application made for review from the side of the defendants vacated the interim order dated 9-9-1983 and directed that the application for temporary injunction might be reheard.