(1.) These two consolidated suits bearing Nos. 333 and 334 of 1970, were brought by Smt. Sunder Devi in May, 1959 for rendition of accounts of two partnership concerns. The first was in the name of M/s. Prem Sukh Das Narsingh Das, cloth commission agents and cloth merchants, Nai Sarak, Delhi. There were three partners in it, namely, Mela Ram, Kedar Nath who were brothers, and Brij Lal who their nephew. Mela Ram died on 2-5-1956, and on his death the partnership stood dissolved by operation of Law as there was no saving clause in the partnership deed that the death of any partner would not result in dissolution. The plaintiff is the daughter of Mela Ram, and claims to be his heir, and as such entitled to rendition of accounts.
(2.) Of the other two partners, Kedar Nath died on 6-5-1956, leaving behind two sons, namely Ghanisham Dass and Hanuman Prasad. Hanuman Prasad claims to be the adopted son of Mela Ram, and on this ground sought to defeat the plaintiff's claim. This case of adoption, however, was not accepted when the preliminary decree for rendition of accounts in the present suit was passed on 9-2-1967. That part of the controversy is, therefore no longer open.
(3.) The defendants impleaded in the first suit were Brij Lal, Ghanisham Dass and Hanuman Prasad. the latter two being as heirs of Kedar Nath partner. Hanuman Prasad died . during the pendency of the suit in November, 1970, and his widow Smt. Gindori Devi stands impleaded as her legal - representative. Brij Lal also died during the pendency of the .suit in June 1975, and his son and daughter, namely, Hukam Chandand Gomati Devi were impleaded as his legal representatives. His widow Jamuna Devi too was so added but she has also hi the meanwhile died.