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1962 Supreme(All) 52

K.B.ASTHANA
GOPI NATH – Appellant
Versus
SATISH CHANDRA – Respondent


Advocates Appeared:
JAGDISH SVARUP, K.C.SAXENA, S.N.MISRA

K. B. ASTHANA, J.

( 1 ) THIS is a defendantss appeal against whom a preliminary decree directing him to render accounts of the firm Ram Ratan Shyam Manohar from the year 1928 has been passed.

( 2 ) THE plaintiff came to the Court with the allegation that his father Shyam Manohar Lal and his grandfather Ram Ratan Lal were members of a joint Hindu family and carried un Sarafa business; that the defendant Gopinath who was an experienced hand in the wholesale cloth business persuaded the plaintiffs father and his grandfather to start a firm in the name and style of Ram Ratan Shyam. Manohar dealing in cloth business; that the said firm was started in the year 1918 and Gopinath defendant was taken in as a partner in the said firm.

( 3 ) ACCORDING to plaintiffs case the joint family of the plaintiff was to share the profits and losses to the extent of one half share and the defendant was to share the profits and losses to the extent of one half. It was further pleaded that the plaintiffs joint family was to finance the business and was to get interest at the rate of 10% per annum on their investment, while the defendant on account of his past experience was to manage the business and to r


























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