The present First Appeal has been filed by the appellantoriginal defendant no.1 being aggrieved and dissatisfied with the impugned judgment and order rendered in Civil Suit No.1035 of 1981 by the Learned City Civil Court (Court No.2), Ahmedabad dated 20.07.1988 on the grounds stated in the memo of Appeal inter alia that the Court below has failed to appreciate the material and evidence. It is also contended that the respondent no.1original plaintiff has proved that the partnership between the parties started in the year 1977. it is also contended that the Court has erred in holding that the respondent no.1 original plaintiff has proved that the partnership was managed by the appellantoriginal defendnat no.1 alone. It is also contended that the Courtb elow has failed to appreciate the transactions, which have been entered into with M/s.New Allenberry Workds, Calcutta and has failed to appreciate that another firm of M/s.Sales & Supply Agency Engineering Division has nothing to do with the partnership firm. Heard learned counsel, Mr.J.R. Nanavati for the appellants.
Though the contentions have been raised with regard to the partnership firm and the management of the affairs by the appellantoriginal defendant no.1 contending that the respondent no.1original plaintiff has failed to prove and has not been able to show from the material and evidence on record that the findings and conclusion arrived at are contrary to the material and evidence on record both with regard to the management of the affairs and the partnership firm by the present appellant. There is detailed discussion referring to the statements of the accounts of the firm, which has been discussed referring to Exhs.98, 160 & 167. Therefore, without any further elaboration, this Court is in complete agreement with the finding and conclusion arrived at, which does not called for any interference with the impugned judgment and order.
Therefore, the present First Appeal deserves to be dismissed and accordingly stands dismissed.
Sd/
(RAJESH H.SHUKLA, J.)
/patil