PREM KUMAR Vs. SHYAM BEHARI

JUDGEMENT

(1.) Smt. Ram Kishori Plaintiff-opposite party No. 3 filed a suit for dissolution of partnership and rendition of accounts. Ultimately a preliminary decree was passed in that suit with a direction to Defendant-Applicant No. 1 that he should render the accounts. After a long gap opposite parties Nos. 1 and 2 applied for preparation of a final decree. The Applicants filed objection to the preparation of final decree on the ground that they were not required to render accounts to opposite parties Nos. 1 and 2 and further that the application made by opposite parties Nos. 1 and 2 was barred by time. The objection of the Applicants was rejected by the First Additional Civil Judge, Kanpur, by his order dated 6th September 1975. The Applicants filed a revision before the District Judge against the order of the I Additional Civil Judge, which was also rejected by the III Additional District Judge, Kanpur, by his judgment and order dated 26th November, 1977. Aggrieved, the Applicants have come to this Court in revision.

(2.) Learned Counsel for the Applicants has contended that as no limitation is prescribed for preparation of final decree under the Indian Limitation Act, the residuary Article 137 of the Indian Limitation Act would apply and the period of limitation for preparation of the final decree would be three years from the date of preliminary decree and as the application was filed after about five years, the same was barred by time.

(3.) Learned Counsel for the opposite parties on the other hand contended that the residuary Article 137 will not apply in the suits relating to dissolution of partnership and rendition of accounts. He has further contended that as there is no provision for applying for preparation of final decree in the Code of Civil Procedure hence the residuary Article 137 of the Limitation Act will not apply and there would be no limitation for applying for preparation of final decree.