Code of Civil Procedure, 1908–Sec. 100–View of High Court in second appeal that surrender of tenancy by one partner of firm without consent of other partner is a question of fact and it does not rise the substantial question of law–Whether proper ?–Specific plea was taken by appellant in the memo of appeal that the alleged surrender of joint tenancy was a deceitful and fraudulent act–Plea was neither considered by first appellate Court nor by High Court–High Court was obliged to examine the above plea by taking into consideration the judgments relied by appellant–Second appeal restored with formulating certain questions.
