Judgement

In this case the suit was instituted by the Respondent against the Appellant in the Court of the Civil Judge at Lucknow. The parties were cousins, natives of Lucknow, jointly interested in certain ancestral estates. They also carried on business in co-partnership as Bankers and Merchants. The business in which they were engaged was carried on by them in three Kothees, or Firms, styled Hurjus Roy & Gungaram, and two other names. Disputes arose between them, and, to a certain extent, a partition of the joint property was made, leaving open the debts due to the Firms up to the date of the partition. Farighkhuttees, or mutual releases, were executed upon that footing. Notwithstanding this partition, the disputes between the parties relative to their rights continued, and after an; ineffectual attempt to settle these disputes by a reference to Arbitrators, which was never carried into effect, the Respondent instituted the present suit against the Appellant. By the plaint, a general account and partition was prayed for, on the allegation that no account had been settled between the parties, and that the releases given on the execution of the before mentioned arrangement were no