GAJANAND Vs. BIHARILAL

JUDGEMENT

(1.) This is the defendant's appeal against the order of remand made by the learned Civil Judge Nim-ka-thana and arises under the following circumstances: There was partnership between Gajanand defendant-appellant and Biharilal plaintiff-respondent, which was dissolved on 18-4-1948, and a writing was made evidencing the dissolution of partnership and stating that Rs. 1246/- were due from the plaintiff to the defendant and were paid, and that an accounting was yet to be made about a transaction of 80 bags of sugar. It was agreed that the plaintiff would be entitled to inspect the Bahi Khatas within 20 days from the date of the document and he would be entitled to recover any sum which might be found due on their inspection. It was also provided that if there was any mistake in accounting, the parties would be entitled to pay and receive whatever sum might be correctly found out from the accounts. The exact words used in Hindi are "Bhul chuq leni deni". The plaintiff brought the present suit on 6-5-1948, i.e., within 20 days of the agreement on the allegation that he called upon the defendant to give him an inspection of the account-books according to the agreement, but the latter did not comply with the request. The accounts should, therefore, be gone into and the plaintiff should be awarded whatever is found due to him.

(2.) The defendant contended, inter alia, that the document dated 18-4-1948 recorded a settlement of accounts and the plaintiff was not entitled to call for accounts of any other transaction excepting that of 80 bags of sugar.

(3.) The learned Munsif Nim-ka-thana dismissed the suit on the ground that the accounts, excepting those relating to 80 bags of sugar, had been settled and could not be re-opened, unless the plaintiff could point out any fraud or substantial mistakes in the accounts. He, therefore, dismissed the whole suit.