BHIM SINGH Vs. KAILASH CHAND

JUDGEMENT

(1.) THE challenge by means of these two Regular First Appeals under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 21st March, 2001 whereby the two suits filed by the Appellant/plaintiff against the Respondent/Defendant were dismissed. First suit was suit No. 992 of 1995, which was for rendition of accounts and dissolution of partnership and the second suit was suit No. 993 of 1995 for recovery of Rs. 78,000/ - for an alleged loan of Rs. 57,000/ - given by the Appellant/plaintiff to the Respondent/Defendant. Both the suits were consolidated vide order dated 6.11.1990 and the evidence recorded in Suit No. 993/95 was also taken as evidence in Suit No. 992/95.

(2.) THE case of the Appellant/plaintiff in the suit for dissolution of partnership and rendition of account was based upon the case that he had purchased a truck bearing registered No. DHL 4690 after taking loan from M/s. Raksons Pvt. Finance Ltd. and a partnership was entered into between the parties on 29.11.1980. It was alleged that the Defendant took the signatures of the Appellant/plaintiff on certain blank documents and on which subsequently a partnership deed and a dissolution deed was got typed, and which documents are forged documents. In the suit 993/1995 it was alleged that the Appellant/plaintiff had given a loan of Rs. 57,000/ - to the Defendant and which was to carry interest @ 1%, and on the failure of the Respondent/Defendant to return such amount, the suit was filed.

(3.) IT was further stated by the Respondent/Defendant that on the rendition of account, in fact a sum of Rs. 56,449.31 was payable and therefore the amount paid of Rs. 57,000/ - was not towards an alleged loan but with respect to the clearing of the dues on the dissolution of the partnership.