V NARASIMULU Vs. K DWARAKADAS

JUDGEMENT

(1.) D-10 in O.S. 48/73, Sub-Court, Nizamabad is the appellant. The suit was filed for settlement of Accounts wherein it was alleged that D-4 and D-10 were the managing partners who have to account.

(2.) Plaintiff and D-1 to D-10 were partners of the registered firm, Santosh Forest Contractors, Nizamabad. As per the terms of the registered partnership dated 12-8-1969, D-2 took the contract of Cupe No. V11I Bayakkapet Range, Azamanagar, Division Karimnagar for felling and selling the trees, for an amount of three lakhs. The partnership had to continue till the said contract work is completed. It was over by 31-3-71 as per the findings of the lower courts. The plaintiff claimed that he invested Rs. 12,000/- and D-4 and D-10 are the managing partners and they have to account for refund of the capital amount and the profits realised.

(3.) It was found that D-l died even before the suit was filed. Even after the summons to D-l were returned with an endorsement that he died two years prior to it, the plaintiff baa not chosen to implead the legal representatives of D-l as parties to this suit. The additional issue that was framed is as under :