BANWARI LAL VARMA Vs. AMRIT SAGAR GUPTA

JUDGEMENT

(1.) This appeal arises out of a suit for dissolution of partnership and for rendition of accounts brought against Banwari Lal defendant by Jowala Parshad who died during the pendency of the suit. The suit was continued by Amrit Sagar, Roshan Lal and Jitendra Nath sons of Jowala Parshad. The suit proceeded on the allegation that Jowala Parshad, father of the plaintiffs and Banwari Lal defendant were partners in the business of building contracts and had equal shares in it. Jowala Parshad contributed capital for the partnership and the partnership was carried on and accounts kept by the defendant.

(2.) Banwari Lal defendant resisted the suit and denied that there was any partnership between him and Jowala Parshad, the father of the plaintiffs. He pleaded that it was in respect of two ventures only, that Jowala Parshad had become his partner and was entitled to th share. He added that the accounts of those two ventures had been settled and partnership dissolved. Limitation was also set up as a bar to the suit. The trial Court found that the suit was barred by time and dismissed it. Against the decree of the trial Court the plaintiffs preferred an appeal in the Court of the Senior Subordinate Judge Delhi.

(3.) The Court of appeal found that the suit had been instituted within limitation and on that finding allowed the appeal and setting aside the decree of the trial Court granted the plaintiffs a preliminary decree against the defendant for dissolution of partnership and for rendition of accounts. Banwari Lal defendant has come up in further appeal to this Court.