P CHANDRIAH CHETTI Vs. VALCHI MADHAVIAH CHETTY

JUDGEMENT

(1.) This appeal is against the revised final decree passed by the first Assistant Judge, City Civil Court, Madras, in a suit for taking of accounts of a dissolved partnership Some facts are necessary to show why there was a revised final decree in the City Civil Court. Madras.

(2.) Originally there was a partnership under the name and style of Messrs. Voora Sriramulu Chetti and Co. The partners of the said firm were three in number, Voora Sriramulu Chetti, Valchi Madhaviah Chetti, the first defendant in the suit, and Voora Seetharama who died on 26-4-1933, leaving behind his widow who was added as the 2nd defendant in the Suit. Pending the suit she also died and defendants 4 to 6 were brought on record as her legal representatives. Voora Sriramulu Chetti had a share of five annas, the first defendant a share of nine annas and Seetharama Chetti a share of two annas in the rupee. Sriramulu Chetti died on 16-1-1941. The plaintiffs as representing the estate of the late Voora Sriramulu Chetti filed the suit for taking of accounts of the partnership, which became dissolved on 31st March 1941. A Preliminary decree was passed on 20-3-1945 for taking of accounts and in pursuance thereof a Commissioner was appointed and thereafter an auditor and after considering their reports a final decree was passed on 14-4-1949, directing the first defendant and the estate of the second defendant's husband in the hands of her executors defendants 4 to 6 to pay the plaintiffs a total sum of about Rs. 37000 with interest thereon from 1-4-1941 till realisation.

(3.) Defendants 4 and 5 preferred an appeal against the said preliminary decree. In the appeal the main point that was argued was about a debit entry of Rs. 28000 against Voora Sriramulu Chetti found in the ledger of the firm for the year 1938-39. The plaintiffs attacked this entry as false and as having been fraudulently interpolated after the death of Voora Sriramulu Chetti. It was held that the debit was properly made and that the finding of the learned trial Judge that the debit entry of Rs. 28000 could not be true and that it was fraudulently interpolated after the death of Voora Sriramulu Chetti was not right. In the end, the appeal preferred by defendants 4 and 5 was allowed and the case was remanded to the trial Judge for passing a fresh final decree.