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1980 Supreme(Del) 52

O.N.VOHRA
JAGDISH SINGH – Appellant
Versus
DALJIT SINGH – Respondent


Advocates Appeared:
ARUN MOHAN, G.S.Vohra, M.S.Vohra, Y.P.NARULLA

O. N. Vohra, J.

( 1 ) THE facts that have given rise to this application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure, briefly stated, are these. Jagdish Singh, plaintiff, sued for rendition of accounts alleging that there was partnership in between him and Daljit Singh, defendant, that the defendant was maintaining accounts and was controlling sales and purchases besides doing other acts. It was further alleged that the deed of dissolution was executed on July 1, 1977 subject to finalisation of accounts and inasmuch as the books of accounts were with the defendant and the kacha balance sheet which was prepared by the defendant was not accepted, the defendant was requested to settle the accounts but he went on postponing on one pretext or the other. In para 20 of the plaint, it was stated that the amount due to the plaintiff should be Rs. 80,000. 00 and it was added that the exact amount cannot be ascertained till accounts were rendered by the defendant In para 22, all that was mentioned was that fixed court fee of Rs. 20. 00 had been affixed but valuation for the purpose of court fee and valuation for purposes of jurisdiction were not specified.


















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