GIRDHALA AND OTHERS Vs. PALA ALIAS RAMPAL

JUDGEMENT

(1.) This is defendants' appeal against the order of Additional District Judge, dated 28th March, 1987 whereby the application filed by the plaintiff-appellant seeking amendment of the plaint was allowed, thereby accepting the appeal, remanding back the case to the trial Court for fresh decision in accordance with law.

(2.) Parties are real brothers. The plaintiff filed a suit for rendition of accounts of M/s. Gopal Iron and Steel Works on the ground that he was one of the partners of the firm as per the Partnership deed, dated 15th June, 1970. According to the plaintiff, in fact defendants No. 1, 3 and 4 were carrying on the business of the firm and had in fact been controlling the accounts since June, 1971. It is with a view to get his share separated that he filed the suit for rendition of accounts.

(3.) The defendants contented the suit on all conceivable grounds and raised plea of limitation and the suit being barred by the principle of res judicata.