RADHA KISHAN Vs. TEEKAMDAS

JUDGEMENT

(1.) THIS is a plaintiff's appeal in a suit for rendition of partnership accounts. On 31 -10 -68 a preliminary decree was passed in the following words: It is declared that this partnership firm had been dissolved on 7 -3 -65. It is ordered that Shri Baijnath is appointed as Commissioner to take the accounts of the above business into consideration from 19 -1 -63 to 7 -3 -64 and submit his report, Further it is ordered that the Commissioner shall take the following accounts into consideration: 1. An account of the credits, property and effects now belonging to the said partnership.

(2.) AN account of the debts and liabilities of the said partnership.

(3.) I have heard learned Counsel for the parties and carefully gone through the record of the case. From the pleadings, it is abundantly clear that the account books was to be maintained by the defendant who was in -charge of the partnersnip business. The defendant in his written statement admitted that he possessed with him kacha account books and further that pucca account books were with one Vijayraj who was said to be the agent of the plaintiff. The defendant also in his written statement admitted that in the partnership business there was a loss to the tune of Rs. 4600/ - and that the plaintiff deposited as capital Rs. 10,000/ -.The defendant further admitted that a sum of Rs. 7000/ - stands credited in favour of the plaintiff in the partnership account books. Along with the written statement he also submitted copies of various khatas relating to the partnership business. In view of the above facts, it prima facie appears that the defendant was the accounting party and he also possessed with him at least kacha account books. Admittedly, the plaintiff had no account books with him had during the relevant period he was studying in Bomby and the partnership business was being carried on by the defendant. Having regard to all the circumstances, I consider it proper in the interest of justice that the parties should be given one more opportunity to produce whatever books of account they possess with them. I do realise that the plaintiff in this case has been sufficiently negligent in not taking proper steps in the case but I think the defendant can be compensated by awarding suitable amount as costs from the plaintiff.