MATHURA DATT BHATT Vs. PREM BALLABH KHULBA

JUDGEMENT

(1.) This is an appeal by the judgment debtor.

(2.) An application for execution of the decree by arrest and detention, in the civil prison, of the judgment debtor appellant was made by the decree-holder respondent. The decree was for a little over Rs. 20,000/-. It was passed in a suit for accounts of a dissolved partnership which had existed between the parties to the decree. The decree-holder invoked Section 51 C.P.C. and alleged that the decree was for a sum for which the judgment debtor was bound, in a fiduciary capacity, to account and that, therefore, he could be detained in the civil prison under Sub-clause (c) of the proviso to that section.

(3.) The court below directed a warrant of arrest to be issued against the judgment debtor as prayed for by the decreeholder. It held that the finding of the court which had passed the decree was that more money was due from the judgment debtor, the accounting partner, than the latter was prepared to admit and that even after the date of dissolution of partnership the judgment debtor, (accounting partner) had not kept a cash balance safe for payment to the decreeholder partner. The court below also held that the partnership was dissolved on 10-12-1952 and on that date Rs. 8,810/13/3 were held by the judgment debtor as cash balance. Taking the view that the judgment debtor was an accounting party and that the decree was for a sum for which the judgment debtor was bound, in a fiduciary capacity, to account, the said court held that the condition laid down in Sub-clause (c) of the proviso to Section 51 C.P.C. was fulfilled.