R.BHASKARAN
N. Rajan Nair – Appellant
Versus
M. T. Balakrishnan Nair – Respondent
This second appeal is filed by the plaintiff in a suit for settlement of accounts and realization of share of profits of a partnership firm. The plaintiff and the 1st defendant were partners of a registered firm, which was dissolved on 3-1-1984. The 2nd defendant is the brother-in-law of the plaintiff. The case of the plaintiff is that he was away on account of his employment and the 1st defendant was conducting the business on behalf of the firm and that he amassed wealth by using funds of the firm and purchasing property in the name of his wife, the 2nd defendant. The plaint schedule shows 16 items of properties out of which 14 items are immovable properties which according to the plaintiff the defendants purchased out of the funds from the partnership firm. Defendants 1 and 2 filed separate written statements. Both of them contended that the suit is barred by limitation. The allegation that the properties were purchased by making use of the partnership fund was denied. It was contended that the 1st defendant had other business also.
2. The trial court considered the question of limitation as a preliminary issue and found that the suit is barred by limitation and dism
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