KAUSHALYA DEVI Vs. BAIJ NATH

JUDGEMENT

(1.) This is an appeal against a final decree passed by Mr. Lazarus, Senior Subordinate Judge, Delhi, dated the 21st June, 1944.

(2.) Baij Nath, one of the co-parceners brought a suit on the 11th of June, 1941, for partition of joint family property and by consent of parties a preliminary decree was passed on the 30th of October, 1941, but an appeal was taken to the Lahore High Court against this decree, which was allowed and the decree set aside because all parties had not joined in the compromise and the case was remanded for trial.

(3.) On the 15th of October, 1943, a preliminary decree for partition was against pased in which the shares were specified and the question of liability of debts was left to be determined by the Commissioner, Lala Chuni Lal, as also the amount of Rs, 5,000 which was in dispute. Lala Chuni Lal was appointed Commissioner by consent of parties to go into the accounts, to evaluate the property and to propose the method of partition. The other provisions with regard to accounts etc. were also made by this decree.