E KUTTAPPAN Vs. SAROJINI BHASKARAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order in C.M.A. No. 33/96 of the Subordinate Judges Court, Kozhikode. Petitioner is the defendant in O.S. No. 976/91 on the file of the Munsiffs Court, Kozhikode. Respondent is the plaintiff in that suit. The suit was filed for rendition of accounts. According to the plaintiff, the plaint schedule premises belonged to the plaintiff and defendant. In it they jointly set up a building and a lodging house under the name and style Swarga lodge. The lodge was being conducted as a partnership business. Defendant was the Managing Partner of the Firm. Till 1988, the plaintiff earnestly believed that the defendant was looking after the business honestly. But subsequently, according to the plaintiff, the defendant had been making profits of the business defrauding the plaintiff. Hence, the plaintiff was not interested in the continuation of the partnership and she terminated the same with effect from 15.6.1991 by a registered notice. The suit was filed for rendition of accounts by the defendant of the firm by name Swarga lodge and for payment of plaintiffs share in the dissolved partnership.

(2.) Defendant filed written statement contending that the firm was not dissolved properly and that the plaintiff has consented to the accounts prepared by the defendant. The suit was disposed of by the Trial Court by judgment dated 6th July, 1996. It found that the partnership firm was terminated with effect from 15.6.1991. Regarding the contention of the defendant that the plaintiff has been participating in the conduct of the affairs of the firm and scrutinising the accounts, the court found that the defendant could not produce even a single document signed by the plaintiff to show that either plaintiff or any of her relative ever checked the accounts. Hence, the Court found that the defendant was under an obligation to refer accounts to the plaintiff. Hence, a preliminary decree was passed finding that the defendant was to render accounts.

(3.) An advocate was appointed as Commissioner to audit the accounts, etc. Subsequent to the decree, plaintiff filed I. A. No. 3292/96 under 0.40 R.1 of the Code of Civil Procedure for the appointment of a receiver in respect of the management and business of the firm. Plaintiff / respondent herein prayed that a receiver be appointed to preserve the property, collect out standings pay debtors, if any and to sell the assets for the purpose of division.