ARJAN SINGH Vs. JAGATJIT SINGH

JUDGEMENT

(1.) Arjan Singh defendant, in the trial Court, has filed the present Regular Second Appeal against his real brother Shri Jagatjit Singh and it has been directed against the judgment and decree dated 15.9.1999, passed by the Court of Additional District Judge, Chandigarh, who dismissed the appeal of the defendant-appellant and affirmed the judgment and decree dated 20.4.1998, passed by the Court of Sub Judge, 1st Class, Chandigarh, who granted a money decree for a sum of Rs.74,087.51 in favour of the plaintiff along with interest at the rate of 18 per cent from the date of the filing of the suit.

(2.) The first appellate Court, however, while affirming the judgment and decree of the trial Court, called upon the plaintiff to make good the deficiency in the court-fees within seven days from the date of the judgment and decree dated 15.9.1999, failing which the plaint shall stand rejected right from its inception.

(3.) The brief facts of the case are that plaintiff Jagatjit Singh filed a suit for settlement of accounts against his Brother at the first instance on the allegations that there was a partnership concern known as M/s Bhagat Singh and Company and the partnership deed was executed on 1.4.1977 among late Shri Bhagat Singh, who had a 10 per cent share in the partnership business. The plaintiff had a share of 66 per cent. Late Shri Bhagat Singh executed a Will dated 25.5.1985 and according to the Will 10 per cent share of Shri Bhagat Singh was bequeathed to the plaintiff and in this manner the plaintiff became the owner of the partnership business to the extent of 24 per cent with effect from 10.3.1987. The plaintiff is entitled to 24 per cent share in the business w.e.f. 1.4.1986 to 9.3.1987 and 34 per cent share w.e.f. 10.3.1987 onwards. The dissolution deed was executed between the parties and dissolution "was to take effect w.e.f. 10.3.1987 and according to the dissolution deed, the defendant agreed to pay the dues to the plaintiff within a period of three months but dues were not settled as the dissolution deed was without consideration and the same had no force in the eyes of law. The plaintiff alleged that he is still partner of the concern. He requested the defendant to render the accounts according to the partnership deed dated 1.4.1977. As per Clause 5 of the partnership deed the firm was supposed to maintain regular account books which were supposed to, be closed every year. According to the said clause, each year's account was to be prepared because both the parties, are income tax assessee and the profits and losses are to be shown in the income tax return also. In these circumstances the plaintiff is entitled to the settlement/rendition of accounts of each year w.e.f. 1.4.1986 to 31.3.1991. The plaintiff requested the defendant several times to do the needful but he refused to do so. The defendant maintained the regular account books. On account of non-payment of the amount, the plaintiff has already moved one application under Section 20 of the Arbitration Act for the rendition of accounts w.e.f. 1.4.1986 of 31.3.1991. The matter was not covered by the arbitration clause, therefore, the present suit was filed. The plaintiff also prayed that a preliminary decree may be passed in his favour and against the defendant or that he may be granted some other relief which may be deemed fit by the Civil Court in his favour.