T MUNU SWAMY NAIDU Vs. MARUPPAREDDIGARI RAMI REDDY

JUDGEMENT

(1.) Defendants 1 and 2 in the original suit are the appellants in this appeal. They have preferred this appeal against the judgment and decree dated 19th February, 1971 passed by the Principal Sub-Judge, Chittoor, allowing the appeal filed by the plaintiff and decreeing the suit.

(2.) The relevant facts for purposes of this appeal are that the plaintiff filed a suit with a prayer to direct defendants 1 and 2 to render true and proper accounts of partnership business and to pay profits and shares to the plaintiff. It is not in dispute that the partnership came into existence on the basis of an oral agreement. It is also not in dispute that there are about 37 partners. The plea of the defendants was that the plaintiff was not at all a partner and he had no share in the capital and, therefore, they prayed for dismissal of the suit.

(3.) The trial Court accepted the plea taken up by the defendants and dismissed the suit. The plaintiff preferred an appeal and the appellate Court allowed it and decreed the suit.