PANMAL LODHA Vs. OMRAOMAL LODHA

JUDGEMENT

(1.) This is an application by the defendant Sobhagmal Lobha for several reliefs the most important being a direction upon the Special Referee to make a special Report. A few facts must be stated in order to appreciate how the question of a special Report arises.

(2.) The suit was instituted in May 1934 by Kanmull Lodha father of the present plaintiffs, for partition of what is known as the Lodha Estate. There are numerous parties to this suit, taut they may be divided into three groups, namely the Sujanmull group, the Samirmal group and the Umedmull group. The petitioner is the grandson of Umedmull and the son of Abbey-mull who was the adopted son of Umedmaull. The Lodha family carried on about seventeen different businesses in all parts of India and the books of accounts number more than two thousand.

(3.) On 16th May 1940, a preliminary decree for partition was made by Ameer Ali J. and various accounts and enquiries were ordered. An account was ordered to be taken of what was due from one party to another and an enquiry was ordered as to who was the accounting party. By an order dated 22nd December 1943, Rai Saheb U.N. Maitra since deceased was appointed the Commissioner of Partition and Special Referee. The late Rai Sahib who was an accountant, prepared balance sheets of the various business and abstract accounts. These are in the English language and run to 20 typed volumes. Unfortunately however the Rai Sahib died before he could complete his labour and by an order dated March 17, 1950, Mr. A. N. Bose, Barrister-at-Law was (appointed Commissioner of Partition and Special Referee. The present Special Referee entered into the enquiry as to who was the accounting party. By his finding dated 11th July 1950, the Special Referee held as follows:--