JUDGMENT : BLAIR, J. 1. This is a suit by a partner against his co-partners complaining that an account of the partnership has not been furnished by the defendants, and asking that they may be called upon to render such account. The suit has been dismissed by the courts below on the ground that it is not maintainable without a prayer for dissolution of the partnership. A number of cases has arisen in the English Equity Courts, in which that rule has been relaxed. It does not appear to us whether in this case there do or do not exist circumstances which entitle the plaintiff to sue for a partnership account without suing for a dissolution. That is a matter on which the Judge has not found, but which he ought to have found upon the facts before him. 2. There are cases mentioned in the well-known book of Lindley on Partnership in which such a suit has under certain circumstances been held to be maintainable. The case which has the nearest approach to this case is that of Fairthorne vs. Weston, [1844] 3 Hare's Reports 387. The court below must decide on evidence if circumstances exist, which entitle the plaintiff to maintain the present suit. We accordingly set aside the decree of the courts below dismissing the suit and remand the case under section 562 of the Code of Civil Procedure to the court of first instance with directions to re-admit it under its original number in the register and dispose of it according to law. The appellant will have, the costs of this appeal. Other costs will follow the event.