Sinha, J. - (1.) This is an application by the defendant Sobhagmal Lobha for several reliefs the most important being a direction upon the Special Referee to make a special Report. A few facts must be stated in order to appreciate how the question of a special Report arises.
(2.) The suit was instituted in May 1934 by Kanmull Lodha father of the present plaintiffs, for partition of what is known as the Lodha Estate. There are numerous parties to this suit, taut they may be divided into three groups, namely the Sujanmull group, the Samirmal group and the Umedmull group. The petitioner is the grandson of Umedmull and the son of Abbey-mull who was the adopted son of Umedmaull. The Lodha family carried on about seventeen different businesses in all parts of India and the books of accounts number more than two thousand.
(3.) On 16th May 1940, a preliminary decree for partition was made by Ameer Ali J. and various accounts and enquiries were ordered. An account was ordered to be taken of what was due from one party to another and an enquiry was ordered as to who was the accounting party. By an order dated 22nd December 1943, Rai Saheb U.N. Maitra since deceased was appointed the Commissioner of Partition and Special Referee. The late Rai Sahib who was an accountant, prepared balance sheets of the various business and abstract accounts. These are in the English language and run to 20 typed volumes. Unfortunately however the Rai Sahib died before he could complete his labour and by an order dated March 17, 1950, Mr. A. N. Bose, Barrister-at-Law was (appointed Commissioner of Partition and Special Referee. The present Special Referee entered into the enquiry as to who was the accounting party. By his finding dated 11th July 1950, the Special Referee held as follows:-- "I therefore find that between 1838 and December 4, 1923 Seth Umedmal Lodha managed the joint businesses and estate of the Lodhas. Between December 5, 1923 and July 30, 1924 Seth Abhaimal Lodha managed the said businesses and estates. And between July 31, 1924 and February 1935 (i.e. till the appointment of the Receiver) Seth Biradhmal Lodha managed the said businesses and estate ........ Accordingly Seth Umedmal Lodha, Seth Abhaimal Lodha and Seth Biradhmal Lodha are the accounting parties for the respective periods of their management as stated above and Seth Sobhagmal Lodha and Seth Umraomal Lodha as their successors in interest are liable to render accounts." On 10th July 1950, the Special Referee directed the accounting parties to file the accounts for the respective periods mentioned above. On 14th August 1950, Mr. I.P. Mukherjee appeared on behalf of the petitioner and argued that his client Sobhagmal was an accounting party only an the sense of being the legal representative of the deceased accounting parties and was not under the same obligation to render accounts as the original accounting parties who were dead. According to learned Counsel, his client was not called upon to file any accounts except as to that portion of which he had personal knowledge. If any claim was made by any party against his predecessors, an answer would be provided by producing the books of accounts which could then be inspected by the others.;