JAGAN NATH Vs. KAMLA BAI

JUDGEMENT

(1.) IN a suit for declaration of dissolution of partnership and for taking of accounts filed by Kundanmal on January 6, 1955, a preliminary decree Was passed by the learned District Judge, Jaipur District on June 6, 1956. IN the aforesaid preliminary decree, the share of the plaintiffs, Kundanmal and others, in the assets and liabilities of the partnership firm Gaurilal Bhourilal was declared to be 9 annas in a rupee, while the share of the defendants. Roodmal and others, was found to be 7 annas in a rupee. It was also held that the aforesaid firm stood dissolved with effect from Kartik vadi 15. Samvat 2010. We may also mention here that an appeal preferred by the defendants against the preliminary decree was dismissed by this Court on August 10, 1962.

(2.) THERE after, a Commissioner was appointed to go into the accounts of the dissolved firm. The Commissioner submitted his report on April 17, 1964, Objections to the report were submitted by both the parties and on the basis of such objections as many as eight issues were framed by the learned District Judge on July 14, 1964. After the issues were framed in the suit, both the parties led evidence. Later, the learned District Judge passed a final decree on September 24, 1968 in the sum of Rs. 59,351. 90 p. in favour of the plaintiffs and against the defendants, subject to the condition that the plaintiffs would be entitled to obtain satisfaction of the decree from the assets of deceased Roodmal, which were passed on to the hands of the defendants. The defendants were also made liable for the payment of costs and the pendente lite and future interest. It is against this final decree passed by the learned District Judge that the present first appeal has been filed in this Court.