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1958 Supreme(Cal) 206

P.C.MALLICK
SHYAMLAL ROY – Appellant
Versus
MADHUSUDAN ROY – Respondent


Advocates Appeared:
B.C.Dutt, M.M.SEN

P. C. MALLICK, J.

( 1 ) THIS is a suit for partition. Properties sought to be partitioned are six items of immovable properties and certain businesses. Common ancestor of the parties is one Budhuram Saha, who had four sons, Gangasagar, Anandamohan, Harimohan and Brajamohan. It is alleged in the plaint that the four sons of Budhuram carried on family businesses under various names and styles. The shares of the parties arc set out in paragraph 6 of the plaint. It is alleged that the senior managing members of the family are mismanaging and misappropriating joint family funds, have refused the plaintiff access to the books of account, have not furnished information with regard to the joint family businesses, assets and their own dealings. Usual reliefs in a Partition suit have been claimed.

( 2 ) THERE is a number of defendants, more than 30. Out of them, only six have filed written statements. Defendants Nos. 2, 9 and 20 have filed a written statement jointly. Defendants Nos. 8 and 17 have filed another written statement jointly. A third written statement has been filed by defendant No. 9b. There are, therefore, three written statements on record and the defence taken in each one o






















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