J D NAGRATH Vs. BIKRAMJIT NAGRATH

JUDGEMENT

(1.) The first Appeal [FAO (OS) 290/99] arises out of an Order dated 25th August, 1999, passed by Learned Singe Judge disposing of IA. 1992/96 in Suit No. 2327/94, filed by plaintiffs/respondents 1 to 3 under Order 39 Rule 7 Civil Procedure Code. The other Appeal [FAO (OS) 350/ 99] is against the Order, passed on 19th November, 1999 in the same suit disposing of Appellant's review application (RA 29/99) and application of respondents 4 to 6 (IA. 9515/99) thereby clarifying the earlier order and directing the appellants to deposit in Court the entire amount of Rs. 9,66,000.00 in terms of Order dated 25th August, 1999.

(2.) During pendency of the suit for dissolution of partition and rendition of accounts filed by the plaintiffs/respondents 1 to 3 against the defendants/appellants and the respondents 4 to 6, an application under Order 39, Rule 7 Civil Procedure Code was filed by the plaintiffs seeking direction against the appellants and respondents 4 to 6 for deposit of a sum of Rs. 38,50,629.04 stated to have been received by them in June, 1992 towards the amount of compensation of a.piece of land, part of Plot No. 2, Tolstoy Marg, New Delhi), acquired for public purpose of widening of road.

(3.) The application was vehemently opposed by the appellants and respondents 4 to 6. The appellants urged before the Learned Single Judge that the amount had been received much prior to filing of the suit and plaintiffs/respondents 1 to 3 had not made any claim with respect to the said amount in the suit, therefore, direction cannot be issued for the deposit of the amount and in any case it being a suit for rendition of accounts and dissolution of the firm it will be at the final stage only, after the accounts of income and expenses are rendered in respect of the properties that a direction can be given for deposit of the amount and not before that. Learned Single Judge considered the submissions made on behalf of the appellants and negative the same observing:-