ATTARSINGH BISAN SINGH Vs. MANOHARSINGH NATHA SINGH

JUDGEMENT

(1.) THE plaintiff (non-applicant No. 1 before me) filed this suit for accounts of a dissolved partnership or for dissolution and accounts under the Partnership Act valued at Rs.160/- for the purposes of court-fees as well as jurisdiction. On the face of the plaint, the business of partnership between the parties was a big concern as it involved the work of constructing buildings and taxi-trucks, and other construction work in the Nagpur Aerodrome Area under the Central Public Works Department, Aviation Division, Nagpur, worth over a lac of rupees. After the institution of the suit, the plaintiff filed an application (interlocutory application No. X) for the appointment of a Receiver on 29-81944 on the ground that the second defendant Budh Singh (who died during the pendency of this revision leaving him. surviving a widow and 5 sons, non. applicants Nos. 4(a) to (f) had fraudulently contrived to obtain and disburse an amount of Rs. 1,42,143-15-6 on 28-2-1944 on behalf of the partnership from the office of the Executive Engineer, Aviation Division, Central Public Works Department, Nagpur, in spite of notices served on the defend, ants individually on 25-11-1948 to the contrary.

(2.) IT was also alleged that all the valuable and relevant documents concerning the business were removed from Nagpur to Akola in Berar where 8 of the defendants reside with a view to preventing the plaintiff from having any access thereto and to causing him loss and annoyance. On, 80-11-1944 the plaintiff also filed an application, (interlocutory application No. 10) for attachment before judgment under Order 88, Rule 5, Civil P.C., and there again he complained that Budh Singh; (defendant 2) had drawn other sums totalling to Rs. 8,72,000/- on various dates, which he had partly paid to defendents 3 and 5 and 6 to the exclusion of the plaintiff.

(3.) IT was further con-tended that in any case the Valuation ought to be in excess of Rs. 5,000 which he had actually contributed as his share of capital for the partnership and filed his suit in a higher Court so as to be able to agitate the dispnte in the High Court by way of first appeal. The plaintiff has by putting such a low valuation deliberately filed his suit in the Court of the 4th Subordinate Judge, 2nd Class, Nagpur, with a pecuniary jurisdiction of Rs. 500 only so as to deprive the defendants of their right to appeal to the High Court. If the plaintiff's suit is correctly valued the Court of the 4th Subordinate Judge, 2nd Class, will have no jurisdiction to try it and the plaint will have to be returned for presentation to the proper Court.