BHERU DAN Vs. FIRM SOHANLAL SHIV NARAIN

JUDGEMENT

(1.) THIS first appeal under Sec. 96, C. P. C. has been preferred against the judgment and decree dated 16. 8. 1978 passed by th learned Additional District Judge, Sri Ganganagar in Civil Suit No. 11 of 1974.

(2.) THE aforesaid Civil Suit was filed on 1. 5. 1973 by respondent-firm against the defendant-appellants for recovery of Rs. 11,926/- on the ground inter-alia that, a Partnership firm came into existence in the year 1958 having its three partners viz. Bheru Dan, Sohanlal and Shiv Narain. Out of three partners, Bherudan was acting partner whereas Sohanlal and Shiv Narain were sleeping partners. It was decided between them that Bherudan will have half share and Sohanlal and Shiv Narain will have 1/4 share each in the partnership firm. It is further alleged that Bherudan admitted to pay Rs. 10. 106. 54 on 4. 5. 70 but he failed to repay the said amount, which necessitated to file the Civil Suit on the basis of entry made by Bherudan in the ledgers of the firm. THE suit was also filed against appellants No. 2,3 and 4 treating them as members of Hindu Joint Family of Bherudan. '

(3.) THE instant first appeal was admitted on 13. 02. 1979 while record was requisitioned from the trial court by the office of this Court on 8. 6. 88 after expiry of about 9 years which was received by the learned Additional District Judge, Sri Ganganagar on 13. 6. 88. By that time, all oral and documentary evidence adduced by the parties were weeded out.