GOPALDAS MODI Vs. HANSRAJ

JUDGEMENT

(1.) This is a summons taken out by the defendant, Lala Dinanath, for an order that his co- defendant, Lala Hansraj, should within 24 hours, file an affidavit of documents, and within two days, produce the documents therein referred to, and for the costs of this application.

(2.) The suit was instituted on 29 July 1929 by Gopaldas Modi, one of the executors of the will of Raghumall Khandelwal, who died on 5 September 1926, the other executors Lala Hansraj, Lala Dinanath and Gobardhandas, being the defendants, and also the widow of the testator. By the will, the widow was given power to nominate an executor and in pursuance of that power, she nominated herself as executrix. All the executors with the exception of the plaintiff, Gopaldas Modi, are related to the testator. It is said that after probate was granted to the five executors, on 10 January 1929, Hansraj took charge of the Calcutta, Bombay and Karachi branches of the testator's business and Dinanath took charge of the Delhi branch of the business. Disputes have arisen among the executors, and in this suit the plaintiff asks for construction of the will, ascertainment of the rights of the parties, removal of the defendants against whom he alleges misappropriation of the assets of the estate, an account of their dealings with the estate, and an inquiry as to the nature of the estate and administration.

(3.) An order for discovery has been obtained against the plaintiff, whose affidavit of documents has been filed. The plaintiff, in his turn, obtained an order for discovery against the defendants and that was followed by a consent order, dated 16 August 1930. By that order the defendants Hansraj, Dinanath and Gobardhan were directed to file their affidavits within two weeks, the suit to be heard ex parte against those in de-fault.