IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No.355 of 1987 (O&M) Date of decision: 29.10.2009 Mohinder Singh. -----Appellant Vs. Jagrup Singh. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL Present:- None for the appellant. Mr. H.S. Bhullar, Advocate for the respondent. --- ORDER: 1. This appeal has been preferred under Section 100 of the Code of Civil Procedure by the original plaintiff. 2. The plaintiff/appellant filed suit for recovery of Rs.60,000/- with interest, alleging that he gave loan of Rs.40,000/- for becoming partner in truck and it was also agreed that if the plaintiff was ousted from the partnership, the defendant will pay Rs.60,000/-. In default, the amount will be recovered from the sale of the truck. Accordingly, the defendant became partner and had all the accounts. He ousted the plaintiff and did not pay the amount as agreed. The suit was contested by submitting that the truck itself was with the plaintiff and the plaintiff failed to pay the loan to the Bank. He also did not render accounts. The trial Court decreed the suit, holding that the plaintiff was deprived of his rights in the truck to the extent of 1/3rd share and was entitled to recover Rs.40,000/- with interest. On appeal, the lower RSA No.355 of 1987 Appellate Court reversed the decree of the trial Court, holding that dispute being among the partners, suit for rendition of accounts was the only remedy and without settling the accounts, the suit for recovery was not maintainable. 3. The appeal has been pending for the last 22 years. The appeal can be entertained only if there is any substantial question of law. No substantial question of law has been framed. 4. Inspite of repeated calls, none appears. The matter was shown in the list earlier also. 5. In these circumstances, the appeal is dismissed for non- prosecution. 6. A copy of this order be sent to appellant. October 29, 2009 (ADARSH KUMAR GOEL) ashwani JUDGE 2