GOPI KRISHAN KHANNA Vs. KAILASH WATI

JUDGEMENT

(1.) These are two applications (S. C. A. 104 and S. C. A. 105 of 1973) by the appellants-petitioners under Order 45, Rule 2, Civil Procedure Code and Article 135 of the Constitution of India read with Sections 109 and 110, Civil P. C. for a certificate for appeal to the Supreme Court against the judgments and decrees of this Court in R. F. A. 172-D and R.F.A. 173-D of 1962, or in the alternative under Article 133 of the Constitution for a certificate that the appeals involve a substantial Question of law of general importance and needs to be decided by the Supreme Court.

(2.) The relevant facts for the decision of these applications are that on 24th June, 1947, Harish Chandra and Kailash Chander plaintiffs had entered into a partnership with the defendant. Radha Kishan Khanna (now represented by the petitioners) to do business in metal works in the name and style of Zenith Metal Works. Rohtak Road, Delhi. The partnership commenced its business in July, 1947. In 1949. dispute arose between the parties. On 8th January, 1949. the plaintiffs filed Suit No. 259/1949 for dissolution of the partnership and rendition of accounts. On 25th January, 1949. the defendant (Radha Kishan Khanna) consented to the passing of a preliminary decree. On 14th February, 1949. the Court passed a preliminary decree dissolving the partnership with effect from 25th January. 1949, and for rendition of accounts. One Shri Raghbir Singh Gupta, Advocate, was appointed as the Receiver/Commissioner to take into possession the assets of the partnership and to so into the accounts. On July 1. 1951, the plaintiffs filed suit No. 151/1951 for recovery of the loan of Rs. 50.000.00 which had been advanced by them to the defendant for being invested in the partnership business. In addition to the principal amount, the plaintiffs claimed Rs. 7,500.00 as interest and future interest at the rate of 6% from the date of the suit till realisation. Both these suits were tried together. Mr. Raghbir Singh Gupta submitted his ex parte report on 9th October. 1950. The said report was set aside on 4th July. 1955. and Shri S. N. Chopra, Advocate, was appointed as Commissioner. Shri Chopra submitted his report on 9th January. 1957. Both the parties filed objections to the report of the Commissioner. Shri Chopra.

(3.) The trial Judge after considering the objections of the parties passed a decree for a sum of Rs. 57.500.00 in Civil Suit No. 151/251 of 1951/1961 and a decree for Rs. 50,666/11/11 in Suit No. 2597 262 of 1949/1961 against the defendant. The defendant was further to pav interest at the rate of 6% from the date of institution of the suit till realisation on the amount of Rs. 50.000.00 (loan amount) and interest at the rate of 6 per cent. from the date the plaintiffs made good the court-fee till realisation in Suit No. 262 of 1961. Against the judgments and decrees of the trial Judge the defendant appealed. (RFA 172-D/62 in Suit No. 262 of 1961 and RFA 173-D/62 in Suit No. 251 of 1961). The plaintiffs preferred cross- appeal No. 192-D of 1962 in Suit No. 262 of 1961. The appeals were originally filed in the Punjab High Court. On October 31, 1966, the Delhi High Court Act, 26 of 1'966 came into force and the High Court of Delhi came into existence. The appeals were transferred to the High Court of Delhi under the provisions of Section 12 of the same Act. The appeals were heard and decided bv us on May 23, 1973. Appeal No. 173-D of 1962 was dismissed with costs. In appeal No. 172-D of 1962 the decree passed by the trial Judge was reduced to Rs. 45.584/1/10. The cross-appeal filed by the plaintiffs was also dismissed. The parties were left to bear their own costs in R. F. As. 172-D and 192-D of 1962.