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1972 Supreme(All) 187

A.K.KIRTY, GOPINATH
Kailashpati Singhania – Appellant
Versus
Ram Gopal Gupta – Respondent


Advocates:
B.L. Gupta, J. Swarup and V.B. Singh for Appellants; S. K. Aggarwal, R.L. Misra, Kameshwar Pd., Shanti Bhushan and Ashok Gupta, for Respondents.

Judgement

KIRTY, J. :- This appeal by the plaintiffs arises out of Suit No. 203 of 1953 instituted on 25th August, 1953. Two reliefs were sought by the plaintiffs; one was for a decree for Rs. 1,48,532/- with pendente lite and future interest at the rate of six per cent per annum, while the other was in respect of half share of the plaintiffs in certain assets. It was prayed that a commissioner be appointed for purposes of ascertaining the amount due to the plaintiffs in respect of such assets. The suit was contested by both the defendants and was dismissed in toto by the trial Court.

2. The material facts briefly are as follows:-

The parties to the suit belong to two well-known business families of Kanpur. They may be described as Singhanias and Guptas respectively. Admittedly, the Singhanias and Guptas for a number of years jointly carried on several business enterprises. One of such business enterprises was carried on under the name and style of M/s. India Supplies - a registered firm of which admittedly the two plaintiffs and the two defendants were partners. Certain disputes having arisen between the Singhanias and the Guptas, they agreed to have their disputes, not only in regar















































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