GARDEN SINGH Vs. VIDE SHARMA AND ORS

JUDGEMENT

(1.) This regular second appeal by the Defendant/Appellant is directed against the judgment and decree dated 12.02.1985, passed by the learned courts below, vide which suit filed by the Plaintiff/Respondents for rendition of accounts stands decreed.

(2.) The Plaintiffs i.e. the heirs of Madan Lal Sharma deceased, filed a suit for rendition of account, stating therein that the deceased Madan Lal Sharma was partner with the Defendants to the extent of 4/5th share, whereas Defendants No. 1 to 3 were partners to the extent of 1/5th share. Partnership firm, carried on business under the name and style of M/s Madan Medical Hall, Bathinda. Partnership firm commenced its business on 20.10.1973, for the sale of medicines and manufacturing of medicines, chemicals and pharmaceutical products. There is no dispute that the partnership firm had moveable and immovable property, including machinery and raw material etc. Under the partnership, no partner had right to sell any of the properties of the firm, which was to be managed by any two partners. Bank account was also to be operated by two partners jointly.

(3.) Late Madan Lal Sharma died on 5.7.1974 after being remained admitted in AIIMS, New Delhi. In the absence of Madan Lal Sharma, business was managed by Defendants No. 1 to 3, who maintained accounts of the business. The Plaintiffs i.e. the widow, son and daughter of Madan Lal Sharma sought rendition of account, from Defendants No. 1 to 3. It was also pleaded case of the Plaintiffs that Usha Rani, one of the Plaintiffs, was aged only 16 years at the time of death of Madan Lal Sharma.