1961 Present : Gunasekara, J., and Sinnetamby, J.

R. W. PATHIRANE, Appellant, and A. PATHIRANE, Respondent

S. C. 351/85-D. G. Kurunegala, 5810JM

Partnership-Dissolution-Action for accounts-Correct procedure-Effect of non-production of accounts-Distribution of assets--Division of profits-Partnership Act, ss. 29, 42-Civil Procedure Code, ss. 202, 430, 431, 508, 511 510, 615.

Plaintiff and defendant carried on a business as partners. The defendant was the managing partner. The plaintiff instituted the present action averring the dissolution of the partnership and asking that the accounts of the partnership be taken. He also asked for distribution of the assets and for division of profits.

Held, (i) that, when a partner states that accounts have not been rendered and asks for the taking of accounts, the Court should first make an order directing accounts to be rendered from the date from which it finds that they have not been rendered. In such cases the procedure prescribed by sections 202, 430, 431, 508, 511, 513 and 615 should be followed.

(ii) that if a partner has books or accounts in his possession and fails to submit any accounts