Shekhar Dhawan, J. - (1.) Present Regular Second Appeal is directed against the concurrent findings of both the Courts below, whereby, suit filed by plaintiff - Anjana Shoor for rendition of accounts and for passing a decree of the amount found due against the defendants, was decreed by the Court of first Instance vide judgment and decree dated 4.6.2008. The appeal filed by the defendants was dismissed by learned Additional District Judge, Jalandhar vide judgment and decree dated 3.5.2010.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that plaintiff had filed a suit for rendition of accounts and for passing a decree of the amount found due against the defendants on the ground that the plaintiff was earlier partner of the firm, M/s Eureka Industries, defendant No.1 and defendants No.2 and 3 were partners in the said firm. The plaintiff was partner to the tune of 50% while defendants No. 2 and 3 were partners to the tune of 35% and 15% respectively. The partnership deed was duly registered. In the year 1998, a dispute arose between the parties and an agreement was settled on 31.12.1998 whereby assets were to be divided in due time and subsequently, due to non-settlement of terms and conditions, a fresh agreement was written and duly signed amongst the partners on 10.2.1999. On the basis of the said agreement, retirement deed dated 31.3.1999 was written and as per the same, the retiring partner was to be paid her dues in due course of time. Defendants No.2 and 3 are still running the business and had not given any amount whichever was due towards the plaintiff. Request having been made by the plaintiff but to no avail and as such necessity of the suit.;