RAMANLAL PRAHLADBHAI PATEL Vs. RASIKBHAI PRAHLADBHAI PATEL

JUDGEMENT

(1.) THE petitioner original plaintiff has filed this Revision Application under Section 115 of the Code of Civil Procedure and challenged the judgement and decree dated 21.2.2007 passed by learned Judge, Small Causes Court at Ahmedabad in Summary Civil Suit No. 621 of 2003.

(2.) ACCORDING to the petitioner, the parties are brothers and the respondent was managing the affairs of the joint family properties but did not render accounts despite repeated demands by the petitioner. On account of intervention of relatives, accounts were settled on 12.12.2001 and a writing was executed in that regard. As per the said writing, the respondent was required to pay an amount of Rs. 1,15,000/-. The respondent agreed to pay the said amount within two to three months but did not pay the same. Therefore, the petitioner served a notice dated 13.12.2002 and demanded the amount. The respondent gave evasive reply to the said notice and therefore the suit was filed to recover the outstanding amount with interest at the rate of 18% per annum from the date of suit till realization and cost of the suit.

(3.) I have heard learned advocate Mr. Sunil C. Patel for the petitioner at length and in great detail.