PAVALURI SRINIVASARAO Vs. RAMISETTI NANCHARARAO

JUDGEMENT

(1.) This revision petition is directed against the orders of the Principal Subordinate Judge of Tenali in I.A. No. 1086 of 1955 in O.S. No. 55 of 1952.

(2.) The brief facts leading to this application may be shortly stated : A Preliminary decree in O.S. No. 55 of 1952 was passed on 26th February, 1955, and it was held that the defendant shall he the accounting party and he shall file a statement of account before the Commissioner by 31-3-1955 and the plaintiff shall, in his turn, file his statement of objections within ten days thereafter. Exhibits B-7, B-10 and B-15 which are the day books redlating to the partnership and Exhibits B-11, B-13, B-18 and B-24 which are the ledgers and also Exhibits B-19 and B-20 which are the profit and loss accounts were produced into court as the books relating to the business of the partnership. When the matter was before the Commissioner appointed for the purpose of taking accounts, I.A. No. 1086/55 was filed. This application was for directions from the Court to prepare the statement of profit and loss on the basis of the accounts of the firm already filed into court and not to determine the correctness or Otherwise of the accounts. The learned Subordinate Judge, held that no relief could be granted to the petitioner unless and until lie interfered with the preliminary decree already passed. As against it C.R.P. No 1058 of 1955 was filed. Umamaheswaram, J. set aside that order of the learned Subordinate Judge and directed him to dispose, of the application having regard to the terms of Order 20 Rule 17 C.P.C. The learned Judge further directed that if the accounts have not been properly proved, the Subordinate Judge will give, directions as to the mode of proof of the accounts, and if-the accounts have already been accepted to be true and correct in the preliminary decree, he should issue appropriate directions taking it into account. On 7th July, 1956, the Subordinate Judge, on reconsideration, passed orders in the same petition in these terms:

(3.) As against this order, this Revision Petition is filed.