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1956 Supreme(Bom) 67

M.C.CHAGLA, S.R.TANDOLKAR
Karamchand Pessumal – Appellant
Versus
Madhavdas Savaldas – Respondent


Judgment

1. A short but rather interesting question as to the proper construction of Section 10, Displaced Persons (Debt Adjustment) Act, 1951 arises on this appeal, and the only facts that are necessary to state for the determination of this question are that the appellant filed an application under Section 10 before the Tribunal, who was the Judge of the City Civil Court, claiming partnership account from the respondents who were his partners, on the basis of the partnership being dissolved in July 1949, and also claiming to receive moneys found due and payable to him on taking such accounts. Now, if this had been a suit the suit would have been obviously described as a suit for taking partnership accounts of a dissolved partnership, and the question that falls to be determined by us is whether under Section 10 an application can be made of the nature made by the appellant in this case. The learned Judge below took the view that the petition did not lie and dismissed it, and the appellant has now come in appeal.

2. Section 10, which calls for construction at our hands, is in the following terms :

"Any Displaced person having a claim against a displaced debtor may make an application




























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