DAULAT RAM AND OTHERS Vs. BALAK RAM AND OTHERS
HIGH COURT OF PUNJAB AND HARYANA
Daulat Ram And Others
Balak Ram And Others
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Kapur, J. -
(1.) THE sole point for determination in this appeal is the right of a principal to continue a suit for accounts against the legal representatives of a deceased agent.
(2.) THE pedigree table of the parties is as follows :
The plaintiffs who were the grandsons of Bhagat Ram brought a suit for possession by partition of their 3/16th share in the immovable property mentioned in the plaint alleging that they were members of the joint Hindu family of which the karta was Mulkh Raj who also held a power of attorney from the other members of the coparcenary. They also alleged that defendants had been colluding among themselves and were misappropriating the joint Hindu family property where by the plaintiffs had been deprived of their share. In their prayer they asked for accounts as also the separation of their shares which they put at 3/16 of the whole. Mulkh Raj who was alleged to be the karta of the joint Hindu family and a general attorney died on 12th October 1940. Some time later his sons were brought on the record as his legal representatives, and on 21st October 1940, an amended plaint was filed by the plaintiffs in which they infer alia alleged that defendants 1 and 2 and the father of defendants 3 to 5 i. e. Mulkh Raj had colluded among themselves and had misappropriated the property of the joint Hindu family and had thus deprived the plaintiffs of their share. In the prayer clause the plaintiffs asked for rendition of accounts relating to income from the property noted in the heading and debts.
(3.) VARIOUS pleas were raised by the defendants which are not necessary to be stated at this stage. The legal representatives of Mulkh Raj, defendants 3 to 6, pleaded that a suit for accounts could not proceed against them, as such a suit lay against Mulkh Raj personally, and they as his legal representatives were not liable to render any accounts after his death. They said:
The plaintiffs are not even competent to ask us to render accounts.;
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