DEVJI GOA Vs. TRICUMJI JIVANDAS

JUDGEMENT

(1.) The Subordinate Judge of Dhanbad has allowed the prayer of pro forma defendant 4 to be transferred to the category of plaintiff and this rule has been obtained by defendants 1 to 3 in respect of that order. The following genealogy will be of assistance. (For genealogy see p. 240)

(2.) The suit has been brought for dissolution of the partnership and for accounts. There are three plaintiffs, the first being "Tricumji Jivandas" a firm (hereinafter designated "the firm"), the second mortgagee under that firm and the third . the receiver appointed by the High Court of Bombay in Suit No. 751 of 1924. The first three defendants are sons of Goa Petha, deceased and are the principal defendants. The fourth defendant is the Official Assignee of Bombay representing the insolvent estates of Gopaldas Tricumji and Morarji Jairam above mentioned who were declared insolvents on 2 April, 1930, and 2 March, 1931, respectively. Defendants Nos. 5 and 6 are the remaining two sons of the deceased, Tricumji Jivandas, who being alleged to have no interest in the firm of Tricumji Jivandas, do not concern us.

(3.) The material averments in the plaint were these. The firm was established long ago by Tricumji Jivandas, father of Gopaldas Tricumji, and of defendants Nos. 5 and 6, and father's father of Morarji Jairam and Mohan Singh Khemji. The present partners are Gopaldas Tricumji who used to be the managing partner, the brothers Morarji Jairam and Mohan Singh Khemji and Anandi, son of Gopaldas, who is the present managing partner and who has signed the plaint. Gopaldas Tricumji and Morarji Jairam have, as already stated, been declared insolvent by the Bombay High Court and their estate is represented by the pro forma defendant No. 4. There was a partnership between the firm, Bisram Karman and Goa Petha, the deceased father of defendants 1 to 3, in respect of the Khas Jina-Gora Colliery in Jharia for which Gopaldas Tricumji as manager of the firm supplied money on certain conditions of partnership. Under this partnership Goa Petha acquired the colliery and worked as managing partner thereof, Bisram sold his share to Goa Petha and subsequently the business was reconstituted with the firm and Goa Petha as the only partners but Goa Petha ceased to render accounts after 1918.