NARSINGH DAS Vs. BHAIRON DAN

JUDGEMENT

(1.) THIS is a regular second appeal by the defendant Narsingh Das in a suit for rendition of accounts.

(2.) THE material facts may be shortly stated as follows. THE suit out of which the present appeal arises was brought by the plaintiff Bhairon Dan on the allegations that there was a firm in the name of Bhairon Dan Madangopal which did business in cloth at Calcutta and that the defendant No. 1 Narsinghdas and the plaintiff and defendants Nos. 4 and 5 were its partners. Defendants Nos. 2 and 3 were the sons of Narsinghdas and were members of a joint Hindu trading family consisting of themselves and their father Narsinghdas. It was further alleged that the plaintiff had 4-1/2 annas shares in this partnership business, defendants Nos. 4 and 5 held 3-1/2 annas share therein each and defendant No. 1 Narsingh Das held 4 annas share, and the remaining half anna share was to go to charity. This partnership, according to the plaintiff, was a partnership at will and had commenced its business on Smt. 1991 Asoj Sudi 1, and it was dissolved on Chait Sudi 9, Smt. 2005 when the parties made up their accounts obviously provisionally and decided that no further business would be done and that whatever realisations would be made thereafter these would be divided among the creditors and the balance would be divided between the partners. It was further alleged that the shop was dis-established on Magh Sudi 10, Smt. 2005 and that at that time a sum of Rs. 9801/9/6 remained due from defendants Nos. 1 to 3 and Rs. 1916/3/- from defendant No. 4 and Rs. 5151/9/3 from defendant No. 5 and out of these a sum of Rs. 6412/-remained outstanding in favour of the plaintiff and the rest had to be paid over to the creditors. THE plaintiff's grievance, however, was that the defendants refused to pay these amounts, and, consequently, he brought the present suit for rendition of accounts and for recovery of such sum as may be found due to him on taking of final accounts. THE plaintiff provisionally valued his suit at Rs. 2500/- only.