NAWANEETDAS LAKHMIDAS Vs. GORDHANDAS LAKHMIDAS AND ANOTHER

JUDGEMENT

(1.) THIS is plaintiff's second appeal directed against the judgment and decree of the single bench of this Court.

(2.) NAWANEETDAS filed a suit against Gordhandas and Chhaganlal for rendition of accounts. He alleges that there was a partnership firm in the name and style of "Gordhandas Lakhmidas" in Indore; that the plaintiff and Gordhandas and Chhaganlal defendants are partners in the firm; that the partnership deed Ex. P/1 was drawn on 15 -4 -1920 by which shares of all the three partners are fixed as five annas in a rupee and one anna is reserved for charity; and on 18 -2 -1939 the plaintiff was expelled from the firm and a notice to that effect was published on 25 -2 -1939 in the newspaper of Bombay (failed 'Bombay Samachar'; that the plaintiff is entitled to the rendition of accounts as the partnership was dissolved on 25 -2 -1939.

(3.) THE first contention raised by Mr. Chitale the learned counsel for the appellant is that where a dispute arises regarding an item being payable on the ground of limitation the court has no jurisdiction to decide the question as the creditor is not party to these proceedings. This objection was raised even before Mr. Justice Sanghi who heard the first appeal. The objection was disallowed by him and I think with respect, quite rightly. Section 48, Indian Partnership Act clearly gives power to the Court to decide these questions. Section 48 reads as follows: