JUDGMENT :- These two appeals have been filed against an order dated 8-11-2005 passed in Civil Suit No. 26A/2005 by Second Additional District Judge, Khandwa. M. A. No. 3544/2005 has been filed as against rejection of the application under Order 39, Rules 1 and 2 whereas M. A. No. 3757/2005 has been filed as against rejection of the prayer to appoint the receiver.

2. Plaintiff/appellant has filed a suit before the Court below for rendition of accounts and permanent injunction restraining the defendants from carrying on the business in the name and style of M/s. Antique Stores, Bombay Bazar, Khandwa. Plaintiff has come with the case that on 1-9-1971 a partnership firm was constituted, it was duly registered under the provisions of the the Partnership Act, 1932 (hereinafter referred to as the Act). Initially the partnership was entered between Shivalal, father of the plaintiff and Rishi Kumar, Rishi Kumar was elder brother of the plaintiff Ramesh Kumar. Shivalal died on 14-5-1979. Firm was continued a deed of partnership was executed on 15-5-1979, got registered on 20-6-1979 with the Registrar, Firm and Societies. Atul Kumar, son of Rishi Kumar subsequently desired to become a partner

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