( 1 ) THIS appeal is by the first defendant against the preliminary decree, dated 3112-1959, for dissolution of an unregistered partnership and accounts passed by shri B. R. L. Shivastava, First Additional District Judge, Bhopal in Regular Civil Suit no. S-B of 1959.

( 2 ) THE Central India Bidi Works Begumganj, a bidi manufacturing business, was being run by the appellant and the second respondent, Laxmichand, who is related to him as a family business, till the year 1946. On 14-8-1946, the plaintiff-respondent 1, Mathuraprasad was introduced as a partner and a deed of partnership of the same date (Ex- P-1) was executed between the three partners. However, the partnership was not registered under the Indian Partnership Act. The business was carried on in partnership till Diwali of the year 1954 according to the appellant.

( 3 ) THE first respondent's allegation in the plaint was that the partnership was never dissolved; and, as such, he filed a suit on 10-5-1928 for dissolution of the unregistered partnership and for taking accounts thereof. ( 4 ) THE defence of the appellant was that the partnership was dissolved on account of the retirement of the second respondent, Lax