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1988 Supreme(Kar) 245

P.K.SHYAMSUNDAR
BABULAL VAKATAJI SHAH SINCE DECEASED BY LRS. – Appellant
Versus
CHANDABAI – Respondent


Advocates:
N.A.MANDAGI

SHYAMSUNDAR, J.

( 1 ) THIS appeal is by the defendant in o. S. No. 11/1964 on the file of the Principal civil Judge, Belgaum and is directed against the said concurrent judgments and decrees of both the Court-below i. e. , O. S. No. 11/64 subsequently affirmed by the I Additional district Judge, Belgaum in R. A. No. 10/1973, granting the plaintiff in the suit who is respondent herein a decree enabling rendition of accounts of a firm M/s. Shah vaktaji Dalichand and Company, Gokak of which her husband Dalichand was a partner, during his lifetime. The correctness and the legality of the abovesaid decree is challenged herein, on the very short ground that the plaintiffs suit barred by time as on the date, it was instituted. Regrettably the respondent who was in the plaintiff in the Court-below a lady by name Chandabai unrepresented in this Court despite of service of notice on her. I have to mention at the outset that she was represented by an advocate of this Court Sri jestamal, who subsequently sought and obtained permission to retire from the case for want of instruction, after serving a registered notice on her disclosing his intention to retire from the case. Subsequently, the res











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