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1981 Supreme(Bom) 1

SHARAD MANOHAR
Francis Joseph Rebellow – Appellant
Versus
Olivia Jane Rebellow – Respondent


Advocates:
Mahendra Shah with S.G. Page (in F.A. No. 174 of 1980) and K.J. Abhyankar with C.I. Chamboowala (in F.A. No. 176 of 1980) for Appellant; H. Suresh, for S.R. Kamat for Nos. 1 to 6 (in F.A. No. 174 of 1980) and (for Nos. 1 to 10) (in F.A. No. 176 of 1980), for Respondents.

JUDGEMENT :- These First Appeals are directed against the decree passed by the Bombay City Civil Court dismissing the plaintiff's suit relating to accounts in respect of the partnership business etc. First Appeal No. 174 of 1980 is filed by the original plaintiff; whereas First Appeal No. 176 of 1980 is filed by original defendant No. 11. The interest of both of them are, however, identical except, perhaps, for the fact that the other defendants in the suit claim to have an additional defence against defendant No. 11 which defence is not relevant for the purpose of this appeal. Both the appeals are, therefore, being disposed of by this common judgment. The parties hereafter shall be referred to as the plaintiff and the defendants. When special reference is to be made to the case of original defendant No. 11 he will be specially referred to as defendant No. 11. Before stating the respective case of the parties I may refer to certain admitted facts of the case.

2. The plaintiff, defendant No. 11 and one Lawrence were three brothers. A partnership-deed dated 29th of Dec. 1952, came to be executed by the three brothers for carrying on the business of Restaurant and other business under










































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