1. feeling aggrieved by judgment and order dated 13.01.95 passed by Third Additional Judge to District Judge. Vidisha. in Civil suit No, 18/94. the plaintiffs/appellants have comeup in appeal to this Court and prayed for hearing of the suit on merits.

2, Appellants/plaintiffs had filed a suit before District Judge. Vidisha for declaration and mandatory injunction in respect of a partnership firm styled as" M/s Vidisha Auto Service" to declare that it is an exclusive dealership of the plaintiffs, According to the plaintiffs. defendant No, 2 Indian Oil Corporation granted agency of kerosene oil in Vidisha District to the plaintiffs in the name of Vidisha Auto Service for petrol, diesel and mobioil. Subsequently another retail outlet was opened in Dholkhedi which business was done in the sub-partnership with the name of Vidisha Auto Sales and Service. Initially, the partnership was constituted of two partners, namely; Ramswaroop Sharma, predecessor in title of the present plaintiffs. and defendant No. I i.e. defendant/respondent No. 1.

3. After about 14/15 years, there was some dispute between the partners and they mutually agreed to distribute assets of partnership and the dece