KRISHAN LAL Vs. MOHAN LAL AND ORS

JUDGEMENT

(1.) This is a regular second appeal filed by the decree holder against the judgment and decree dated 01.02.1988 passed by the learned Addl. District Judge, Ludhiana to the extent of reducing the net losses to be borne by the respondents.

(2.) Brief facts of the case are that the present appellantKrishan Lal along with Sita Ram (deceased), Ravi Nandan/Devi Nandan @ Nand Kumar, Shakuntla Rani and Satya Rani floated a partnership firm, which was dissolved on 10.10.1975. According to original partnership firm, share of Krishan Lal was 25 paisa in a rupee, share of Sita Ram was 10 paisa in a rupee and share of Devi Nandan/Ravi Nandan/Nand Kumar was 15 paisa in a rupee and shares of Shakuntla Rani and Satya Rani were 25 paisa each. Profit and losses were to be shared in accordance with their respective shares. Krishan Lal plaintiff/appellant filed the civil suit No.291 of 1978 for confirmation of dissolution deed and for rendition of account, which was ultimately decreed on 15.06.1981 by setting the accounts of the parties and a preliminary decree was passed in his favour and the respective shares of the parties were confirmed. The aforesaid judgment and preliminary decree became final as the same was not assailed by the judgment debtors in any appeal.

(3.) In the proceedings for passing of final decree at the instance of the plaintiff/appellant, a Local Commissioner was appointed, who submitted his report on 10.09.1984. According to said report, Krishan Lal plaintiff/appellant had contributed the entire capital amount of Rs. 57065.29 paisa and there was profit of Rs. 3967.73 paisa. The firm suffered losses of Rs. 41367.73 paisa.