JOTI PRASAD Vs. HARDWARI MAL

JUDGEMENT

(1.) This is an appeal by the defendants from a final decree in a suit for rendition of accounts upon a dissolved partnership. It is not controverted that the parties took a contract to supply firewood to the Military Department at Dehra Dun in the names of the defendants for the financial year commencing on 1 April 1921, and ending on 31 March 1922, and were partners in the profit and loss in equal moieties. The plaintiffs also claimed to be the partners with the defendants in a contract for supplying grass to the Military Department. The defendants contended that the plaintiffs had no concern with the grass contract; that no interest between the parties had been agreed upon and that accounts between the parties had already been settled. The Court of first instance upheld the contention that there was no partnership in the gross concern. It held that there was an agreement to pay interest at the rate of annas 12 per cent per month and that no accounts had been rendered by the defendants to the plaintiffs. Upon these findings, it passed a preliminary decree in favour of the plaintiffs on 30 April 1924.

(2.) The partnership was dissolved on 1 April 1922. The suit was instituted on 16 June 1923.

(3.) Plaintiffs preferred an appeal impugning the finding, relating to the alleged partnership for supply of grass to the Military Department. The defendants prefsrred a crossobjection in which they challanged the finding of the trial Court relating to interest. The appeal and the cross-objection were dismissed on 6th January 1926.