G.L. Chopra, J. - (1.) THIS is an appeal by one of the Defendants against the final decree in a suit for dissolution of partnership and for rendition of accounts.
(2.) THE partnership styled as Jiwan Lal Jai Narain Parshad was constituted by an agreement dated 6th January, 1941, between the partners of the firm Rai Sahib Chiranji Lal and Sons on the one side and Shri Jiwan Lal Appellant on the other, with 5th/7th and 2nd/7th, respectively, as their shares. The partnership firm was to work and did work for some years as contractors for different departments of the Government at Allahabad, Fatehgarh, Muttra and Agra. Debi Parshad and his son Jai Narain Parshad, the former of whom was one of the partners of R. S. Chiranji Lal and Sons, filed the present suit for dissolution of partnership and rendition of accounts on 11th July, 1945. Jiwan Lal Appellant, his brother Ram Ji Lal and other partners of firm R. S. Chiranji Lal and Sons were impleaded as Defendants. On 10th February, 1947, the parties agreed to refer the dispute to Jiwan Lal Defendant No. 1 as referee and on the basis of an affidavit submitted by him the Court, on 21st August, 1947, passed a preliminary decree for the dissolution of partnership and for the taking of accounts. Shri Raj Kishen Tandon, Pleader, Delhi, was appointed as Commissioner to go into the accounts and submit his report.
(3.) THE Commissioner after framing a number of issues and recording evidence of the parties submitted a detailed report, accompanied with a balance sheet showing the amounts due from one party to the other. Both the parties filed objections to the report. The Commercial Subordinate Judge, Delhi, turned down almost all of these objections and passed a final decree as reported by the Commissioner, except for slight modifications. The report of the Commissioner and accordingly the decree made Jiwan Lal Appellant liable to pay a total sum of Rs. 39,470/11/6 to the other partner of the firm, viz., Messrs. R. S. Chiranji Lal and Sons. It is against this decree that the appeal by Jiwan Lal is directed.;