LAWS(MAD)-2019-9-608

R. SUNDARAM Vs. RAJA THEATERS

Decided On September 19, 2019
R. Sundaram Appellant
V/S
Raja Theaters Respondents

JUDGEMENT

(1.) Assailing the judgment and decree dated 12.04.2016 passed in A.S. No. 92 of 2006 on the file of the I Additional District Court, Coimbatore, confirming the judgment and decree dated 12.07.2005 passed in O.S. No. 268 of 2004 on the file of the III Additional Sub-Court, Coimbatore, the appellant has filed the present second appeal. He has also filed the Appeal Suit questioning the validity and/or correctness of the judgment and decree dated 12.04.2016 passed in O.S. No. 684 of 2007 on the file of the I Additional District Court, Coimbatore.

(2.) The appellant in the Second Appeal as well as the Appeal suit is the one who had instituted both the suits namely O.S. No. 268 of 2004 and O.S. No. 684 of 2007. The respondents in these appeals are the defendants in the aforesaid suits instituted by the appellant. Therefore, for the sake of convenience, the parties shall be referred to as per their litigative status in the suit as 'plaintiff' and 'defendants' respectively.

(3.) The appellant/plaintiff has filed the said suit in O.S. No. 268 of 2004 praying to direct the defendants, being the respondents 1 to 4 in S.A. No. 823 of 2016, to render accounts towards the value of one Raghunatha Chettiar's share in the first respondent/first defendant's partnership firm, M/s. Raja Theatres, N.H. Road, Coimbatore. The said suit in O.S. No. 268 of 2004 was dismissed by the trial Court, against which, the plaintiff has filed First Appeal in A.S. No. 92 of 2006, which was also dismissed, hence, the present second appeal is filed by the plaintiff.