HAFIZ BASHIRUDDIN Vs. ABDUL WAHID

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 6.9.2001 whereby the suit of the late plaintiff Hafiz Bashiruddin (who died during the pendency of the suit in the trial Court and is now represented by his legal heir as appellant) claiming declaration and rendition of accounts of a partnership was dismissed.

(2.) AT the outset, it is worth noting that the partnership with respect to which rendition of accounts is claimed was entered into in the year 1960 and with respect to which the subject suit was filed in the year 1987. It is further worth noting that in the entire plaint, there is no averment as to till which month and year the plaintiff had received the profits from the partnership and from which month and year no profits were given. The partners of the firm were alleged to be defendant Nos.1 and 2/respondent Nos.1 and 2. The respondent No.2 died during the pendency of the appeal and his legal heirs have been substituted in his place.

(3.) THE trial Court has dismissed the suit for dissolution of partnership and rendition of accounts by relying upon dissolution deed dated DW1/1. THE trial Court has also discarded the handwriting expert's report as filed by the plaintiff to dispute the thumb impression of the plaintiff on the dissolution deed. To the abovesaid finding, I may add that if really there was a partnership which was surviving then the plaintiff would not have filed the suit almost 25 years after the firm was stated to be dissolved without atleast stating in the plaint that till what month and year he received profits from the business and in what manner. Obviously, the plaintiff was silent in this regard because the firm was already dissolved w.e.f. 1962 as per the dissolution deed Ex.DW1/1 dated 4.6.1971.