NAND LAI PRASAD Vs. AJAY PRASAD

JUDGEMENT

(1.) THIS civil revision by the defendant is directed against the order dated 19.11.98 in Accounts Suit No 98 of 1998 holding, the suit to be maintainable.

(2.) THE plaintiffs -opposite party have filed the aforementioned suit in the court of 1st, Subordinate Judge, Bettiah for settlement of accounts of the firm Shri Mahavir Straw Board at Ramnagar in the district of West Champaran, vis -a -vis the defendant -petitioner, and for realisation of their shares with interest, damage and cost.

(3.) SHORTLY stated, their case is that at the instance of defendant no.1 and, later, mother of defendant no.1, Ram Dulari Devi, they entered into a partnership agreement for doing business in the name of the said Shri Mahavir Straw Board. Initially the partnership was between the plaintiff, defendant no.1 and said Ram Dulari Devi on the basis of agreement dated 2.4.91. Later Ram Dulari Devi retired and in her place her son defendant no.2 was inducted. A fresh partnership agreement was executed on 1.4.93. The plaintiffs invested a huge amount in the business. The investment and the hard labour put in by them paid handsome dividends and the firm was able to pay Rs. 18 lacs to the Bihar State Financial Corporation between 1991 and 1996, besides accumulated profit deposited in the joint Account of the partners. The defendant nos. 1 and 2. however, misappropriated the plaintiffs' share of profit/income for which the plaintiffs have filed complaint case No.555C/98 before the Chief Judicial Magistrate, Bettiah against them. Since despite requests and notices, the money has not been paid to the plaintiffs, they instituted the suit for the aforementioned reliefs.