OM PARKASH Vs. RAM NATH

JUDGEMENT

(1.) THIS is defendants' appeal and has been directed against the judgment and decree dated 30. 1. 1993 passed by the Court of Additional District Judge, Faridkot, who set aside the judgment and decree dated 22. 5. 1992 passed by the Sub Judge Ist Class, Faridkot, and decreed the suit of the plaintiff-respondent for dissolution of partnership and rendition of accounts.

(2.) THE pleading of the parties can be summarised in the following manner :ram Nath plaintiff-respondent filed a suit for dissolution of partnership - rendition of accounts against Om Parkash, Bimla Devi and Chaman Lal and it was alleged by the plaintiff that he was a partner in the firm M/s Krishan Saw Mill, Kotkapura, carrying on business at Bathinda Road, Kotkapura. This firm was duly registered with the Registrar of Firms and the Plaintiff was a partner to the extent of 50%. A partnership deed was also executed on 4. 4. 1973 amongst the partners. The account books of the firm were being maintained by Chaman Lal on behalf of Om Parkash and Bimla Devi. Said Chaman Lal defendant No. 3 is the real brother of Om Parkash. According to the plaintiff, the account of books are in the custody of all the three defendants. a dispute took place between the parties which could not be settled amicably. The partnership was at will. The firm was carrying on business under the name and style of M/s Krishna Saw Mill, situated at Bathinda Road, Kotkapura. It may be mentioned here that defendant No. 3 Chaman Lal was not a partner of the said firm, but allegedly was in possession of the business premises and the account books of the partnership firm and for that reason he has been impleaded as defendant No. 3. The plaintiff alleges that the defendants were called upon several times to dissolve the firm and render the accounts, but to no effect. Hence the suit.

(3.) CHAMAN Lal defendant No. 3 filed a separate written statement and denied the allegations of the plaintiff. He admitted his relationship with Om Parkash and Smt. Bimla Devi. He stated that there was now no firm known as M/s Krishna Saw Mills in which the plaintiff is a partner, at Bathinda Road, Kotkapura. According to this defendant he is alone carrying on the business at Bathinda Road, Kotkapura. The firm in dispute was dissolved in the year 1973 as told to him by Om Parkash and that he never maintained account books on behalf of M/s Krishna Saw Mill. No account books are in his posession.