LAWS(DLH)-1974-7-4

SHEILA DEVI Vs. KISHAN LAL KALRA

Decided On July 26, 1974
SHEILA DEVI Appellant
V/S
KISHAN LAL KALRA Respondents

JUDGEMENT

(1.) Two questions have been referred by H. L. Anand J. for the opinion of this Full Bench. They are:

(2.) The reference came to be made in the following circumstances. Sudershan Kumar Kalra, Krishan Lal Kalra and Hans Raj Kalra are real brothers. Sudershan Kumar Kalra filed a suit originally in the Court of the Senior Subordinate Judge, Delhi, in December, 1968. He subsequently died and his wife and five children were brought on record as his legal representatives. The suit has since been transferred to the original side of this Court and re-numbered as Suit No. 35 of 1971. The defendants in the suit are (1) Kishan Lal Kalra (2) Hans Raj Kalra, (3) Jagmohan Kalra, (4) Kishan Lal & Company, and (5) M/s. Kishan Lal Wine Merchants (P) Ltd. An amended plaint was filed, and the prayers therein were (1) "for rendition of accounts of profits of the partnership Kishan Lal & Company (P) Ltd. from April 19, 1967, up to date and for the recovery of the amount found due on rendition of accounts". (2) for "a decree for perpetual injunction in favour of the plaintiffs against defendants I and 3 restraining them from withdrawing any amount from the partnership Kishan Lal & Company (P) Ltd., Kishan Lal Wine Merchant and Kishan Lal Wine Merchants (P) Ltd. in contravention of clause 10(b) of the Partnership Deed dated April 19,1967, viz. Rs. 1500.00 per month and the amount of income-tax of defendant I and the amount of income-tax of defendant 3"; (3) for costs of the suit; and (4) "for future interest on the amount decreed on account of profits from the date of the institution of the suit till realization. The suit was valued in paragraph 23 of the amended plaint as follows:-

(3.) Hans Raj Kaira filed Suit No. 105 of 1970 on the original side of this High Court on April 4, 1970, against (1) Kishan Lal Kalra, (2) to (2)(e). the widow and five children of late Sudershan Kumar Kalra, (3) Jagmohan Kalra, and (4) M/s. Kishan Lal Wine Merchants (P) Ltd. The plaintiff prayed as under in paragraph 46 of the amended plaint:-