MOTIRAM Vs. BHUGROMAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal in & suit for rendition of accounts wherein a preliminary decree for accounts was passed by the trial court but on appeal the plaintiff's suit was dismissed in toto. The short ground on which the suit was dismissed was that the plaintiff having neither alleged in his plaint that the partnership had been dissolved nor having made a prayer for the dissolution thereof in his plaint, a mere suit for rendition of accounts was not maintainable.

(2.) TO appreciate the controversy between the parties as regards the non-maintainability of the present suit, only a few facts need be stated. The plaintiff's case was that he and the defendants had entered into a partnership by a writing duly registered some time in Smt. 2003 for carrying on the business of taking up leases of agricultural lands with its office being in the town of Tando Adam which after partition of our country is situated in Pakistan. According to the plaintiff, he owned six annas share in the partnership while defendant No. 1 Bhugromal seven annas and defendant No. 2 Moorimal the remaining three annas. It was further alleged that the plaintiff and defendant No. 2 Moorimal were working partners and the defendant No. l Bhugromal was the financing partner, and that it had been agreed between the partners that the principal books of accounts and the funds of the partnership would be with the defendant No. l Bhugromal. The plaintiff's case further was that the said defendant after the partition migrated to India and took with himself all the books of accounts and other papers and funds of the partnership, and, therefore, the business of the partnership was stopped. The plaintiff had called upon defendant No. l to settle the accounts of the partnership more than once but without any effect, and, therefore, he was compelled to bring the present suit on the 8th May, 1951, in the court of the Sub Judge, First Glass, Ajmer. The relief claimed was that defendant No. l Bhugromal be directed to "render true and faithful accounts of his dealings with the property of the partnership and pay to the plaintiff the amount that this honourable Court may find due and payable to the plaintiff and also to bear the costs of this suit".