PREM SINGH Vs. RAJ RANI DEVI

JUDGEMENT

(1.) In this appeal a preliminary objection has been raised by the learned counsel for the respondent No. 1 that Shamsher Singh, respondent No. 2 had died some two three years back and that the appellant had foiled to bring his legal representatives on the record in time and, therefore, according to the learned counsel for the respondent No. 1 the decree being a joint decree and the necessary party not brought on the record, the appeal ahates as a whole. Learned counsel for the appellant contends that in fact the preliminary decree in the suit was passed only against the present appellant. Sh. Shamsher Singh had pleaded that he had rendered accounts to defendant No. 1 and further that the issues also show that only defendant No. 1 was liable to render accounts and as such on the death of Sh. Shamsher Singh, the appeal did not abate as a whole.

(2.) In order to appreciate the contention of the parties, it would be proper to give the narration of the facts:

(3.) Shrimati Rani Raj Devi, plaintiff had appointed the appellant as also Shamsher Singh (since deceased as her general-attorneys by a registered deed, dated 29-12-1949 to prosecute suits, to effect recoveries and to attend to other works mentioned in the agreement. The appellant and Shamsher Singh, it appears did not render the accounts and, therefore, Shrimati Rani Raj Devi filed the suit out of which this second appeal has arisen. The suit was filed on 12-111955 for rendition of accounts against the defendants in the court of the Sub- Judge, Hamirpur. It was stated in the plaint that defendant No. 2 had resigned one year before the filing of the suit and had handed over the account books to defendant. No. 1 who had refused to render accounts. The plaintiff had cancelled the power of attorney in favour of defendant No. 1 in the month of September, 1955.