RAM SINGH Vs. SOMENDRA KUMAR

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of the District judge Bhilwara, passed in proceedings for the preparation of a final decree in a suit for dissolution of Partnership and rendition, of accounts.

(2.) UNDER the preliminary decree a commissioner was appointed to take accounts and the defendant was directed to produce the accounts of the partnership firm before him. No appeal was filed against the preliminary decree. The defendant however did not produce the account books of the partnership firm before the commissioner despite several opportunities. The commissioner then submitted a report to the learned District Judge. At the instance of the plaintiff the learned district Judge did not send the case to the commissioner. A date was fixed for recording the evidence of the plaintiff. On 14-8-1969 the plaintiff examined one witness Shankar Lal and closed his evidence. The defendant sought an opportunity of producing his evidence and the Court fixed 9-9-1969 for his evidence.

(3.) AGAINST the above order the present revision application has been filed. It is contended that the defendant cannot now be given any opportunity of producing evidence as he did not produce the account books of the partnership either before the commissioner or before the Court.