ROSHAN LAL KUTHIALA Vs. RAJA RANA YOGENDRA CHANDRA

JUDGEMENT

(1.) This appear has been directed against the judgment and decree dated 24th August, 1977, passed by learned single Judge of this Court, whereby it was ordered that the plaintiff was entitled to recover, from defendants No. 1 to 7, the principal amount of Rs. 3,50,771.67 (Rupees three lacs fifty thousand seven hundred seventy one and paisa sixty seven) and interest up to the date of the suit amounting to Rs. 56,122 /- (Rupees fifty six thousand one hundred twenty two) and subsequent interest at the rate of six per cent per annum from the date of the suit, till the date of realisation of the decretal amount. The plaintiff was also held to be entitled to costs of the suit from defendants No. 1 to 7.

(2.) The case of Raja Rana Yogendra Chandra of Jubbal, as pleaded, had been that his father, during his life time, And thereafter, he had money transactions with defendant No. 1-Firm M/s. Roshan Lal Kuthiala, mainly through Shri Roshan Lal Kuthiala acting on behalf of the firm. According to the plaintiff, initially an amount of Rs. 1,00,000/(Rupees one lac) was deposited by the father of the plaintiff with defendant No. 1-Firm through a cheque drawn on Imperial Bank, Shimla, and this amount of the cheque was drawn and credited in the books of accounts maintained by defendant No. 1-Firm. It was also pleaded that the payments, which were made to the plaintiff and his father, were debited in the books of accounts maintained by defendant No. 1-Firm. According to the plaintiff, the statements of accounts were sent on behalf of defendant No. 1-Firm from time to time and as such, the accounts between the parites were mutual, current and open. These tansactions of credit and debit commenced from 1955. the plaintiff also pleaded that as per the statements of accounts, given by defendant No.1-Firm as on 31st March, 1970, an amount of Rs. 3,85,771.61 (Rupees three lacs eighty five thousand seven hundred seventy one and paise sixty one) was shown to the credit of the plaintiff and thereafter certain payments were made to the plaintiff, through cheques on behalf of defendant No. 1-Firm, totalling Rs. 35,000/- (Rupees thirty five thousand), which payments have been reflected in the statements of accounts furnished by defendant No. 1-Firm till 18th January, 1971. Thus, statements of accounts, as per the plaintiff, rendered to him by defendant No. 1 have been filed with the plaint. This Roshan Lal Kuthiala expired in the end of December,1972, at Shimla, leaving behind defendants No. 2 to 7 as his successors-in-interest and legal representatives.

(3.) The plaintiff further pleaded that he had certain doubts about the accuracy of the statements of accounts furnished by defendant No. 1-Firm. Accordingly, he asked the partners of defendant No. 1 to satisfy him about the accuracy of accounts and the partners of defendant No. 1-Firm assured and promised the plaintiff that they would show him all the relevant records and would also explain the accounts to him precisely and in this behalf there had been correspondence between the plaintiff and late Shri Roshan Lal Kuthiala. It was also pleaded that Shri Roshan Lal Kuthiala, in spite of repeated assurances and promises, till his death could not fulfil his assurances and promises given by him. Thereafter, Shri Ravinder Lal Kuthiala, defendant No. 2, who happened to be the son of late Shri Roshan Lal Kuthiala, assured the plaintiff to satisfy him as to the accuracy of the accounts and also square up the accounts. Shri Ravinder Lal Kuthiala, through his letter dated 27th June, 1973 as partner of defendant No. 1-Firm, assured the plaintiff that the last statement of accounts would be furnished by the month of December, 1973. According to the plaintiff, the defendants had been avoiding to render the accounts, as per assurances given by them. The plaintiff, as such, submitted that as per the accounts submitted on behalf of defendant No. 1-Firm, to the plaintiff till 18th January, 1971, and taking into consideration the payments made by defendant No. 1-Firm, the plaintiff was entitled to the recovery of amount of Rs. 3,50,771.67 (Rupees three lacs fifty thousand seven hundred seventy one and sixty seven paise) from the defendants. The plaintiff also sued for the recovery of interest from 18th January, 1971, till the filing of the suit at the rate of six per cent per annum, amounting to Rs. 56,122/- (Rupees fifty six thousand one hundred and twenty two) and, according to the plaintiff, he was in all entitled to Rs.4,06,893.67 (Rupees four lacs six thousand eight hundred ninety three and paisa sixty seven) from the defendants till the filing of the suit. The plaintiffs prayer has been for passing of the decree for the aforesaid amount against defendant No. 1-Firm and also against defendants Nos. 2 to 8 in their personal capacity and also as partners of defendant No. 1-Firm.