MAHENDRASINGH PRATAPSINGH Vs. THE RAJKUMAR MILLS LTD. AND ANR.

JUDGEMENT

(1.) THIS appeal had come in the first instance before a Single Judge of this Court who passed an order that this be put up before a Division Bench. This was not a proper order of reference, but considering that it involved several important points of law, under verbal orders of the officiating Chief Justice, it was heard by us. This appeal is directed against a preliminary decree in a suit for rendition of accounts of a dissolved partnership.

(2.) THERE is great divergence of opinion on this point and the following account at page 224 of Chitale's Commentaries on the Court -fees Act (1949 Edition) succinctly summarizes the conflict of opinions on this point:

(3.) DEFENDANT 2 admitted the claim but the Appellant -Defendant 1 resisted the claim on several grounds. He admitted his partnership with Defendant 1 alone, but not with Defendant 2. He further admitted that the arrangement was initially agreed to be for one year, but this was later extended upto 31 -3 -1945. Thereafter he was a partner on the previous terms. From 1st April to the end of December 1945, there was an agreement that the Defendant would receive 3 percent commission on the value of the orders of Government of India carried out during this period.