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2009 Supreme(P&H) 1257

SHAM SUNDER
Balwinder Singh – Appellant
Versus
Kisan Commission Agents, New Grain Market, Malout – Respondent


Advocates:
Present:Mr. Jasdeep Singh, Advocate, for the revision-petitioners, in both the revision-petitions.
Mr. Harsh Aggarwal, Advocate, for the respondent, in both the revision-petitions.

JUDGMENT

Sham Sunder, J.:-This judgement shall dispose of Civil Revision No. 5929 of 2003, filed by Balwinder Singh, and Civil Revision No. 5930 of 2003, filed by Joginder Singh, under Article 227 of the Constitution of India, against the order dated 14.11.2003, rendered by the Court of Civil Judge (Senior Division), Malout, District Muktsar, vide which, it accepted the applications for secondary evidence, filed by the plaintiff/respondent.

2. The plaintiff/respondent, filed two suits for recovery, on the basis of account books (bahis). During the pendency of the suits, it moved two an applications, for secondary evidence of the account books (bahis), on the ground, that earlier the plaintiff/respondent firm was having the partners namely Sardool Singh, Harinder Singh, and Harkiran Singh. Thereafter, a dispute arose, between the partners, and the plaintiff/respondent, filed a suit for rendition of accounts, against the partners. Since the account books and cheque books etc. were in the possession of Harinder Singh and Harkiran Singh, the other partners, the plaintiff/respondent, had no access to the same. The said parnters and Munim of the firm, were summoned, but they failed to pro










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