RAM CHARAN Vs. RAM GOPAL

JUDGEMENT

(1.) It was brought to the notice of the Court that one of us (S. Ravindra Bhat, J) had earlier given order dated 30.08.2010 in Ex.P. 227/2010. Learned counsel for the parties expressed no objection to this Bench hearing the present appeal and so we proceed with the same.

(2.) The present appeal is directed against the order of a learned Single Judge dated 30.01.2015 in an application preferred by the appellant, being IA.No. 13663/2013 for rectification of decree dated 14.02.2008 in CS (OS) No. 737/1984. The records of the suit and execution are part of the appeal and have been considered by this Court.

(3.) The facts in brief are that Ram Gopal, ("the plaintiff") and Ram Charan, (the first defendant, hereafter "the appellant") are two sons of late Sh. Ganeshi Lal and Smt. Kasturi. In 1962 the plaintiff, the appellant and their father late Sh. Ganeshi Lal started trading under a partnership firm "M/s. Lalji Mal Tika Ram" the second defendant (hereafter "the firm"). The father, Ganeshi Lal passed away in 1981. The disputes erupted between the brothers and their families leading to multiple litigations. Ram Gopal filed C.S. (OS) 737/1984, for dissolution of the firm, as well as rendition of accounts. Other litigations too ensued.