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1974 Supreme(Guj) 24

M.P.THAKKAR
LAXMIBEN W/o NAGINDAS CHHOTALAL – Appellant
Versus
CHANDRAWADAN CHHOTALAL SORATWALLA – Respondent


Advocates Appeared: I.C.BHATT, N.C.SHAH

M. P. THAKKAR, J.

( 1 ) THIS is a second appeal by the heirs of original defendant No. 1 which was opened but not argued by the learned counsel for the appellants on realising that what he considered to be a grievance was not in point of fact a grievance and that he was labouring under some misconception.

( 2 ) THE suit giving rise to the present appeal was instituted on October 22 1956 on behalf of a minor admitted to the benefits of a partnership. The suit was commenced under sub-sec. (4) of sec. 30 for taking accounts of his share and for payment thereof to him and for severing his connection from the firm. The trial Court decreed the suit and passed a preliminary decree on October 20 1967 The relevant direction was incorporated in clause (1) of paragraph 28 of the judgment of the trial Court. By virtue of the said direction it was declared: connection of plaintiff Chandravadan Chhotalal was severed with the suit firm on and from the date of the filing of the suit. Now admittedly the date of the filing of the suit was October 22 1956 Therefore the connection of the minor was severed with effect from October 22 1956 and accounts had to be made as per the valuation as on the date o





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