RAM SINGH Vs. RAM CHAND

JUDGEMENT

(1.) This case is of the simplest nature. A gentleman who has a partnership at will brings a suit for a declaration of dissolution. The learned Judge of the District Court before whom the case depends finds and it is declared "that this partnership shall be deemed to have been dissolved on February 11, 1911, the date of the notice of the plaintiff to the defendant," and then he makes a declaration in ordinary form as to accounts being taken, but he puts in one particular finding, No. 3:-- An account of all dealings and transactions between plaintiff and defendant from December, 1897, with the instructions that the debit of Rs. 7,559 against defendant and credit of Rs. 3,133 in plaintiff's favour are forgeries and are to be struck off, and all entries relating to interest payable to either party are wrong.

(2.) Both parties appealed against that finding. On appeal, so far as the finding of fraud is concerned, the High Court are entirely in accordance with the learned Judge, and they say in their judgment:-- From the evidence on the record it is therefore clear that the plaintiff has been guilty of gross misconduct. He has destroyed the old account books, has falsely prepared a balance sheet, Exhibit P.W. 1, has made false entries in the books and has tried to deprive the firm of a valuable asset.

(3.) If they had stayed there all would have been well, but they go on to say this:- - Having done all this he has had the audacity of coming into Court with a prayer for an equitable relief.