LAWS(MPH)-1956-10-13

RAMCHANDRA AND ORS. Vs. PANNALAL AND ORS.

Decided On October 23, 1956
Ramchandra and Ors. Appellant
V/S
Pannalal And Ors. Respondents

JUDGEMENT

(1.) THIS is second appeal by the Plaintiff in a suit for accounts and profits of joint fields. The Plaintiffs and the Defendants Represents two branches of a joint Hindu family whose common ancestor was Mohan Bhai. Mohan Bhai had, two sons, Vithaldas and Kishanlal. So far as this suit is concerned Vithaldas had two sons Nanuram and Narayan who had issues. Narayan's three sons Pannalal Dhannalal and Babulal are first three Defendants. Then the Defendant No. 4 Ratanlal is the grandson of Nanuram. Kishanlal's son Hiralal is the Plaintiff who filed this suit.

(2.) THE Defendants went in appeal and the appeal was allowed by the District Judge of Dhar on the ground that the suit, as framed was at all maintainable and on the additional ground that Surajmal was hot made a party to this suit. The Plaintiffs come in second appeal to this Court against the decree of the District Judge. 'Dhar dismissing the suit.

(3.) MR . Rege, learned Counsel for the Appellants has drawn my attention to Defendant Pannalal's de -position in the Court below in which he has stated ...[VERNACULAR TEXT COMITTED]...