D. 21 is an application made by the plaintiff and the first defendant to the Canara Bank to open a current account in the name of the firm of which the two of them alone were partners.
Shri M.K. Bhatt, learned companynsel for the appellant, urged that the very circumstances on which the High Court relied to arrive at the companyclusion that the second defendant had retired from the partnership were also, in the present case, sufficient to enable the companyrt to companye to the companyclusion that there was a dissolution of the firm on January 19, 1948 when the second defendant retired from the partnership and companysequently the suit for accounts so far it related to the second defendant was barred by time.
In answer to a request by the second defendant for information, the Canara Bank wrote a letter Exh.
The High Court has expressly found that the second defendant did retire from the partnership on January 19, 1948, that he was given a lorry and a certain sum at the time of his retirement from the partnership, that there was numberfinal settlement of accounts of the firm at that time, number was there a dissolution of the firm and that the suit for accounts even against the second defendant was within time.
D 129 in which it was stated that the account of the partnership of the three partners was closed on January 21, 1948.D 22 is a letter of authority in which the plaintiff and the first defendant have described themselves as the partners of Sheriff Brothers.
His express case was that he retired from the partnership with the companysent of the other partners, that there was a dissolution of the firm companysequent upon his retirement and that the suit so far as he was companycerned was barred by limitation.
The second defendant is the appellant.
Chinnappa Reddy, J. The appeal arises out of a partnership action.
On January 19, 1948, the first defendant wrote to the Canara Bank a letter Exh.
D 12, D 13 and D 14 are documents executed by the plaintiff and the first defendant only in companynection with the over draft which they had obtained from the Canara Bank.
